Adrian L. Dunn v. Michael B. Mattivi, Probation Officer

United States Court of Appeals
For the Eighth Circuit
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No. 13-2382
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Adrian L. Dunn
lllllllllllllllllllll Plaintiff - Appellant
v.
Michael B. Mattivi, Probation Officer; John 1 Doe, Federal Agent; John 2 Doe,
Federal Agent
lllllllllllllllllllll Defendants - Appellees
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Appeal from United States District Court
for the Western District of Missouri - Kansas City
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Submitted: October 18, 2013
Filed: October 23, 2013
[Unpublished]
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Before LOKEN, BYE, and BENTON, Circuit Judges.
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PER CURIAM.
Federal inmate Adrian L. Dunn, Sr. appeals the district court’s pre-service1
dismissal, without prejudice, of his pro se action brought under Bivens v. Six
The Honorable Dean Whipple, United States District Judge for the Western1
District of Missouri.

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Unknown Named Agents, 403 U.S. 388, 389 (1971) and state law, challenging the
search and seizure of his property. Upon de novo review, see Cooper v. Schriro, 189
F.3d 781, 783 (8th Cir. 1999) (per curiam) (28 U.S.C. § 1915A dismissal), this court
affirms with modification.
Dunn challenged a search of the residence he shared with his girlfriend. The
search was conducted by the girlfriend’s probation officer, accompanied by two
federal law-enforcement officers. The district court correctly held the girlfriend’s
consent was sufficient to allow a search of the entire premises. See Illinois v.
Rodriguez, 497 U.S. 177, 181, 186 (1990) (search conducted pursuant to consent of
occupant valid as to absent co-occupant who shares, or is reasonably believed to
share, authority over area in common). Neither the presence of law-enforcement
officers at the search nor the actual motivations for conducting the search change the
result. See United States v. Knights, 534 U.S. 112, 122 (2001) (reasonableness of
search evaluated under traditional Fourth Amendment analysis; no basis for
examining official purpose); United States v. Brown, 346 F.3d 808, 811-12 (8th Cir.
2003) (no basis for examining official purpose or “actual motivations” of officers;
Knights eliminated “stalking horse” or “investigatory purpose” inquiry); cf. United
States v. Becker, 534 F.3d 952, 955-57 (8th Cir. 2008) (consensual search of
probationer’s residence by probation officer and two law-enforcement officers did not
violate Fourth Amendment).
Because the complaint failed to state a federal claim, the dismissal of Dunn’s
Bivens claims is modified to be with prejudice. The without-prejudice dismissal of
Dunn’s pendent state-law claims was within the district court’s discretion. See
Labickas v. Ark. State. Univ., 78 F.3d 333, 334-35 (8th Cir. 1996) (per curiam)
(following dismissal of federal claims, court may dismiss state law claims without
prejudice).
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