Calvin Hollowell v. Bryan Hosto, et al

Filing 920100812

Opinion

United States Court of Appeals
FOR THE EIGHTH CIRCUIT

___________ No. 10-1911 ___________ Calvin C. Hollowell, * * Appellant, * * Appeal from the United States v. * District Court for the Eastern * District of Arkansas. Bryan E. Hosto, Attorney, Hosto, * Buchan, Prater, and Lawrence P.L.L.C.; * Charles J. Buchan, Attorney; Mark * Sexton, Attorney; Paul Andrew * Prater, Attorney; Beth Collier, Deputy * [UNPUBLISHED] Clerk Sherwood District Court; Hosto * Buchan Prater & Lawrence, PLLC, * * Appellees. * ___________ Submitted: August 9, 2010 Filed: August 12, 2010 ___________ Before BYE, BOWMAN, and COLLOTON, Circuit Judges. ___________ PER CURIAM.

Calvin Hollowell appeals an order of the District Court1 dismissing his civil action related to state garnishment proceedings. Upon careful de novo review, see Carter v. Arkansas, 392 F.3d 965, 968 (8th Cir. 2004), we conclude that based on the allegations in Hollowell's complaint, he can prove no set of facts that would entitle him to relief on the claims he asserted under 42 U.S.C. §§ 1983, 1985, and 1986, as well as the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692­1692p,2 see Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007) (holding that a complaint must contain sufficient factual matter to state a claim for relief that is plausible on its face; plaintiff's obligation to provide grounds of entitlement to relief requires more than labels and conclusions). Accordingly, we modify the District Court's order to reflect that all of the claims asserted in the complaint are dismissed with prejudice, and we affirm the order as modified. ______________________________

The Honorable William R. Wilson, Jr., United States District Judge for the Eastern District of Arkansas. We do not construe the complaint as asserting an independent claim under 42 U.S.C. § 407. -22

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