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12-1702•Abe Givins, Jr. v. James J. Brisco, Prosecuting Attorney, St. Charles County
12-1702Court of Appeals for the Eighth CircuitJun 28, 2013
United States Court of Appeals
For the Eighth Circuit
___________________________
No. 12-3847
___________________________
Abe Givins, Jr.
lllllllllllllllllllll Plaintiff - Appellant
v.
James J. Brisco, Prosecuting Attorney, St. Charles County; Gwenda R. Robinson,
Attorney; Carolyn C. Woods, Prosecuting Attorney; City of Town and Country;
Patrick Kranz, Police Officer, Captain, Town and Country Police Department;
John Nienhaus, Police Officer, Detective, Town and Country Police Department;
Joan M. Gilmer, Circuit Clerk, St. Louis County
lllllllllllllllllllll Defendants - Appellees
____________
Appeal from United States District Court
for the Eastern District of Missouri - St. Louis
____________
Submitted: June 24, 2013
Filed: June 27, 2013
[Unpublished]
____________
Before WOLLMAN, BOWMAN, and GRUENDER, Circuit Judges.
____________
PER CURIAM.
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Abe Givins appeals the district court’s preservice dismissal of his complaint,1
without prejudice, for lack of subject matter jurisdiction. Upon careful de novo
review, see LeMay v. U.S. Postal Serv., 450 F.3d 797, 799 (8th Cir. 2006) (de novo
review of dismissal for lack of subject matter jurisdiction), we find no basis for
reversal, see Fed. R. Civ. P. 12(h)(3) (if court determines at any time that it lacks
subject matter jurisdiction, court must dismiss action); Biscanin v. Merrill Lynch &
Co., 407 F.3d 905, 907 (8th Cir. 2005) (“[i]f the asserted basis of federal jurisdiction
is patently meritless, then dismissal for lack of jurisdiction is appropriate”).
Accordingly, we affirm. See 8th Cir. R. 47B. We also deny all of Givins’s pending
motions.
______________________________
The Honorable Charles A. Shaw, United States District Judge for the Eastern1
District of Missouri.
-2-
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