Theresa Barbero v. Wilhoit Property Management, No. 19-2790 (8th Cir. 2020)

Annotate this Case

Court Description: [Per Curiam - Before Gruender, Wollman and Stras, Circuit Judges] Civil case. Dismissal affirmed without comment.

Download PDF

United States Court of Appeals For the Eighth Circuit ___________________________ No. 19-2790 ___________________________ Theresa Marie Barbero lllllllllllllllllllllPlaintiff - Appellant v. Wilhoit Property Management, Inc. lllllllllllllllllllllDefendant - Appellee ____________ Appeal from United States District Court for the Western District of Missouri - Springfield ____________ Submitted: February 26, 2020 Filed: March 2, 2020 [Unpublished] ____________ Before GRUENDER, WOLLMAN, and STRAS, Circuit Judges. ____________ PER CURIAM. Theresa Barbero, proceeding pro se, brought this civil action against Wilhoit Property Management, Inc., the owner of an apartment building where she briefly lived. The district court 1 dismissed her complaint and denied her request to amend it. We conclude that dismissal was proper. See Hopkins v. City of Bloomington, 774 F.3d 490, 491 (8th Cir. 2014) (stating that we apply de-novo review to the grant of a motion to dismiss for failure to state a claim). Barbero’s proposed amendments would not have fixed the problems with her complaint, so it would have been futile to give her leave to amend it. See Plymouth Cty. v. Merscorp, Inc., 774 F.3d 1155, 1160 (8th Cir. 2014) (explaining that a determination of futility is a legal conclusion subject to de-novo review); Reuter v. Jax Ltd., 711 F.3d 918, 922 (8th Cir. 2013) (noting that futility is a sufficient reason to deny leave to amend). We accordingly affirm the judgment of the district court. See 8th Cir. R. 47B. ______________________________ 1 The Honorable Stephen R. Bough, United States District Judge for the Western District of Missouri. -2-

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.