David Stebbins v. Rhonda Watkins, et al

Filing

PER CURIAM OPINION FILED - THE COURT: James B. Loken, Pasco M. Bowman and Raymond W. Gruender (UNPUBLISHED) [4112663] [13-3288]

United States Court of Appeals
For the Eighth Circuit
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No. 13-3288
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David Anthony Stebbins
lllllllllllllllllllll Plaintiff - Appellant
v.
Rhonda Watkins, Boone County Circuit Clerk; State of Arkansas
lllllllllllllllllllll Defendants - Appellees
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Appeal from United States District Court
for the Western District of Arkansas - Harrison
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Submitted: January 7, 2014
Filed: January 10, 2014
[Unpublished]
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Before LOKEN, BOWMAN, and GRUENDER, Circuit Judges.
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PER CURIAM.

Appellate Case: 13-3288

Page: 1

Date Filed: 01/10/2014 Entry ID: 4112663

David Stebbins appeals from the District Court’s1 pre-service dismissal of his
42 U.S.C. § 1983 complaint, in which he alleged that the defendants violated his right
of access to the courts because defendant Rhonda Watkins failed to assign case
numbers to three of Stebbins’s dismissed state-court matters. Upon careful de novo
review, see Moore v. Sims, 200 F.3d 1170, 1171 (8th Cir. 2000) (per curiam), we
conclude that the District Court properly dismissed the complaint because (1) the
State of Arkansas may not be sued under § 1983, see Williams v. Missouri, 973 F.2d
599, 599–600 (8th Cir. 1992) (per curiam), and (2) Stebbins failed to state an
actionable access-to-courts claim against defendant Watkins, see Maness v. District
Court of Logan County-Northern Div., 495 F.3d 943, 944–45 (8th Cir. 2007) (per
curiam); Clowers v. Lassiter, 213 S.W.3d 6, 9 (Ark. 2005). We also conclude that the
District Court properly denied the motion for recusal, and we affirm the denial of
leave to amend because, among other reasons, the new claim that Stebbins wished to
bring did not state a cause of action upon which relief may be granted. See Santiago
v. Blair, 707 F.3d 984, 991–92 (8th Cir. 2013). Accordingly, we affirm.
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1

The Honorable P.K. Holmes, III, Chief Judge, United States District Court for
the Western District of Arkansas, adopting the report and recommendations of the
Honorable James R. Marschewski, United States Magistrate Judge for the Western
District of Arkansas.
-2-

Appellate Case: 13-3288

Page: 2

Date Filed: 01/10/2014 Entry ID: 4112663