Leonard Luna v. Walmart Transportation, No. 18-3698 (8th Cir. 2019)
Annotate this CaseCourt Description: Per Curiam - Before Colloton, Erickson and Grasz, Circuit Judges] Civil case - Fair Credit Reporting Act. Dismissal for failure to state a claim affirmed without comment.
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 18-3698 ___________________________ Leonard Luna, on behalf of himself and all others similarly situated lllllllllllllllllllllPlaintiff - Appellant v. Walmart Transportation, LLC, an Arkansas Corporation lllllllllllllllllllllDefendant - Appellee ____________ Appeal from United States District Court for the Western District of Arkansas - Fayetteville ____________ Submitted: August 9, 2019 Filed: August 14, 2019 [Unpublished] ____________ Before COLLOTON, ERICKSON, and GRASZ, Circuit Judges. ____________ PER CURIAM. In this action under the Fair Credit Reporting Act, Leonard Luna appeals following the district court’s1 Federal Rule of Civil Procedure 12(b)(6) dismissal for 1 The Honorable Timothy L. Brooks, United States District Judge for the Western District of Arkansas. failure to state a claim. We find no basis for reversal. Even considering the allegations in a declaration Luna offered in response to the motion to dismiss, we conclude that the complaint would fail. See Phipps v. FDIC, 417 F.3d 1006, 1010 (8th Cir. 2005) (Rule 12(b)(6) dismissal may be affirmed on any basis supported by record); cf. Doe v. Dardenelle Sch. Dist., 928 F.3d 722, 727 (8th Cir. 2019) (reviewing denial of leave to amend for abuse of discretion, and questions of futility de novo). We also find that discovery was properly stayed after the court ruled from the bench that the first amended complaint was dismissed for failure to state a claim, and advised the parties a written order would be forthcoming. See First Commercial Trust Co., N.A. v. Colt’s Mfg. Co., 77 F.3d 1081, 1083 n.4 (8th Cir. 1996) (litigants have no right to discovery absent plausible legal theory). The judgment is affirmed. See 8th Cir. R. 47B. ______________________________ -2-
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