Charlie Lewis v. State of Minnesota, No. 19-1689 (8th Cir. 2019)

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Court Description: Per Curiam - Before Grasz, Wollman and Kobes, Circuit Judges] Prisoner case - Prisoner civil rights. Plaintiff's complaint failed to allege a violation of a right secured by federal law or the Constitution, and the district court did not err in dismissing it.

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 19-1689 ___________________________ Charlie Lewis lllllllllllllllllllllPlaintiff - Appellant v. State of Minnesota; Hennepin County; District Attorney Office lllllllllllllllllllllDefendants - Appellees ____________ Appeal from United States District Court for the District of Minnesota ____________ Submitted: December 12, 2019 Filed: December 17, 2019 [Unpublished] ____________ Before GRASZ, WOLLMAN, and KOBES, Circuit Judges. ____________ PER CURIAM. Minnesota inmate Charlie Lewis appeals the district court’s1 dismissal of his pro se 42 U.S.C. § 1983 action for deprivation of rights. Lewis claimed he was wrongfully convicted of sex offenses in state court. For reversal, Lewis argues that he is entitled to relief under Minnesota’s Incarceration and Exoneration Remedies Act, Minn. Stat. §§ 590.11, 611.362-.368. This argument fails, because to state a claim under § 1983, a plaintiff must allege a violation of a right secured by the Constitution or a federal law. See West v. Atkins, 487 U.S. 42, 48 (1988). We therefore affirm. See 8th Cir. R. 47B. ______________________________ 1 The Honorable Donovan W. Frank, United States District Judge for the District of Minnesota, adopting the report and recommendation of the Honorable Becky R. Thorson, United States Magistrate Judge for the District of Minnesota. -2-

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