Michael Bauermeister v. Kor Xiong

Filing

PER CURIAM OPINION FILED - THE COURT: DIANA E. MURPHY, MORRIS S. ARNOLD and DUANE BENTON (UNPUBLISHED) [3831181] [11-2485]

United States Court of Appeals
FOR THE EIGHTH CIRCUIT

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No. 11-2485
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Michael Bauermeister,
Appellant,
v.
Kor Xiong, President of Hmong
Satellite TV, Inc.,
Appellee.

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*
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* Appeal from the United States
* District Court for the
* District of Nebraska.
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[UNPUBLISHED]
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Submitted: September 16, 2011
Filed: September 21, 2011
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Before MURPHY, ARNOLD, and BENTON, Circuit Judges.
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PER CURIAM.
Michael Bauermeister appeals the district court’s1 28 U.S.C. § 1915(e)(2)(B)
dismissal of his complaint, in which he requested that criminal charges be brought
against the defendant. Upon careful review, we conclude that the dismissal was
proper. See United States v. Batchelder, 442 U.S. 114, 124 (1979) (“[w]hether to
prosecute and what charges to file or bring before a grand jury are decisions that
generally rest in the prosecutor’s discretion”); cf. Koll v. Wayzata State Bank,

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The Honorable Laurie Smith Camp, United States District Judge for the
District of Nebraska.

Appellate Case: 11-2485

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Date Filed: 09/21/2011 Entry ID: 3831181

397 F.2d 124, 127 (8th Cir. 1968) (affirming dismissal where plaintiff failed to plead
intelligible grounds for federal jurisdiction; basis for federal jurisdiction must
affirmatively appear clearly and distinctly). We further conclude that, to the extent
Mr. Bauermeister has attempted to advance a new claim on appeal, that claim is not
properly before this court. See Stone v. Harry, 364 F. 3d 912, 914 (8th Cir. 2001)
(stating general rule that claims not presented in district court may not be advanced
for first time on appeal).
Accordingly, we affirm. See 8th Cir. R. 47B.
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Appellate Case: 11-2485

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Date Filed: 09/21/2011 Entry ID: 3831181