Paul Gordon v. Bonnie Draper

Filing

PER CURIAM OPINION FILED - THE COURT: James B. Loken, Diana E. Murphy and Lavenski R. Smith (UNPUBLISHED) [4169687] [14-1233]

United States Court of Appeals
For the Eighth Circuit
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No. 14-1233
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Paul M. Gordon
lllllllllllllllllllll Plaintiff - Appellant
v.
Bonnie Lee Ann Draper
lllllllllllllllllllll Defendant - Appellee
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Appeal from United States District Court
for the Western District of Arkansas - Hot Springs
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Submitted: June 17, 2014
Filed: June 27, 2014
[Unpublished]
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Before LOKEN, MURPHY, and SMITH, Circuit Judges.
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PER CURIAM.

Appellate Case: 14-1233

Page: 1

Date Filed: 06/27/2014 Entry ID: 4169687

Paul Gordon appeals the district court’s1 pre-service dismissal of his 42 U.S.C.
§ 1983 action against Bonnie Draper, a private person who has allegedly prevented
Gordon’s mail from being delivered to his son, who lives with Draper. Upon de novo
review, see Moore v. Sims, 200 F.3d 1170, 1171 (8th Cir. 2000), we conclude the
district court properly dismissed the complaint with prejudice under 28 U.S.C.
§ 1915(e)(2) because it failed to state a claim upon which § 1983 relief can be granted
for the reasons stated in Magistrate Judge Bryant’s Report and Recommendation.
This is a merits dismissal under Rule 12(b)(6) of the Federal Rules of Civil
Procedure, not a dismissal for lack of subject matter jurisdiction. See, e.g., Morrison
v. Nat’l Australia Bank, Ltd., 561 U.S. 247, 254 (2010). As so modified, the
judgment of the district court is affirmed. See 8th Cir. R. 47B.
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1

The Honorable Robert T. Dawson, United States District Judge for the
Western District of Arkansas, adopting the report and recommendations of the
Honorable Barry A. Bryant, United States Magistrate Judge for the Western District
of Arkansas.
-2-

Appellate Case: 14-1233

Page: 2

Date Filed: 06/27/2014 Entry ID: 4169687