Wilfrido Pujols v. Pujols Family Foundation, No. 17-3414 (8th Cir. 2018)
Annotate this CaseCourt Description: Per Curiam - Before Wollman, Loken and Kelly, Circuit Judges] Civil case - Libel and Slander. The district court did not err in finding plaintiff failed to state a claim for libel or slander.
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 17-3414 ___________________________ Wilfrido Juan Pujols, also known as Wil Pujols lllllllllllllllllllll Plaintiff - Appellant v. Pujols Family Foundation; Deidre Pujols, in her individual capacity; Jose Alberto Pujols, in his individual capacity, also known as Albert Pujols lllllllllllllllllllll Defendants - Appellees ____________ Appeal from United States District Court for the Eastern District of Missouri - St. Louis ____________ Submitted: May 3, 2018 Filed: May 8, 2018 [Unpublished] ____________ Before WOLLMAN, LOKEN, and KELLY, Circuit Judges. ____________ PER CURIAM. Wilfrido Pujols appeals the district court’s1 dismissal with prejudice of his diversity action asserting state-law claims for libel and slander. Having reviewed the record and the parties’ filings, we agree, for the reasons stated by the district court, that Pujols failed to state a claim for either libel or slander. See Martin v. Iowa, 752 F.3d 725, 727 (8th Cir. 2014) (Fed. R. Civ. P. 12(b)(6) dismissal is reviewed de novo). We further conclude that the district court correctly dismissed the action with prejudice. See Ahmed v. United States, 147 F.3d 791, 797 (8th Cir. 1998) (dismissal for failure to state a claim upon which relief can be granted under Rule 12(b)(6) is adjudication on the merits; dismissal with prejudice is appropriate). The judgment is affirmed. See 8th Cir. R. 47B. ______________________________ 1 The Honorable Charles A. Shaw, United States District Judge for the Eastern District of Missouri. -2-
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