Byron Daniels v. HUD, No. 17-3071 (8th Cir. 2018)
Annotate this CaseCourt Description: Per Curiam - Before Wollman, Benton and Kelly, Circuit Judges] Civil case- Fair Housing Act. Dismissal for failure to state a claim affirmed without comment. [ July 11, 2018
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 17-3071 ___________________________ Byron K. Daniels lllllllllllllllllllll Plaintiff - Appellant v. Department of Housing and Urban Development; Metropolitan Housing Alliance; Robyn Hornes; Kathy Washington; Sunset Terrance; Kalimba Summerville lllllllllllllllllllll Defendants - Appellees ____________ Appeal from United States District Court for the Eastern District of Arkansas - Little Rock ____________ Submitted: July 6, 2018 Filed: July 12, 2018 [Unpublished] ____________ Before WOLLMAN, BENTON, and KELLY, Circuit Judges. ____________ PER CURIAM. Byron K. Daniels appeals the order of the district court1 dismissing with prejudice his claims brought under 42 U.S.C. §§ 3604(a)-(b), (f) (the Fair Housing 1 The Honorable Brian S. Miller, Chief Judge, United States District Court for the Eastern District of Arkansas. Act); 1982 (property rights of citizens); and 1983 (civil action for deprivation of rights). After de novo review, see Carter v. Huterson, 831 F.3d 1104, 1107 (8th Cir. 2016) (standard of review for grant of motion to dismiss for failure to state claim), we conclude that the district court did not abuse its discretion when it dismissed with prejudice all of Daniels’s claims against the defendants, see Wright v. Anthony, 733 F.2d 575, 577 (8th Cir. 1984) (where complaint on its face showed that no cause of action could be stated against defendants and dismissal with leave to amend would serve no useful purpose, court clearly was acting within its discretion in dismissing complaint with prejudice). The judgment is affirmed. See 8th Cir. R. 47B. ______________________________ -2-
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