David Gerard Jeep v. The Tea Party/GOP/Republicans

United States Court of Appeals
For the Eighth Circuit
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No. 14-1344
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David Gerard Jeep
lllllllllllllllllllll Plaintiff - Appellant
v.
The Tea Party/GOP/Republicans; John Boehner, Republican Speaker of the
House; Mitch McConnell, Republican Minority Leader
lllllllllllllllllllll Defendants - Appellees
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Appeal from United States District Court
for the Eastern District of Missouri - St. Louis
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Submitted: June 11, 2014
Filed: June 13, 2014
[Unpublished]
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Before LOKEN, MURPHY, and SMITH, Circuit Judges.
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PER CURIAM.

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David Jeep appeals after the district court dismissed his civil complaint1
preservice for lack of subject matter jurisdiction. Upon careful de novo review, see
Hart v. United States, 630 F.3d 1085, 1088 (8th Cir. 2011) (standard of review), we
conclude that the district court appropriately dismissed the complaint, see Fed. R.
Civ. P. 12(h)(3) (if court determines at any time that it lacks subject matter
jurisdiction, court must dismiss action); Hagans v. Lavine, 415 U.S. 528, 536-38
(1974) (federal courts are without power to entertain claims otherwise within their
jurisdiction if they are so attenuated and unsubstantial as to be absolutely devoid of
merit); Biscanin v. Merril 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”; court determines whether asserted jurisdictional basis is
patently meritless by looking to face of complaint and drawing all reasonable
inferences in favor of plaintiff).
Accordingly, we affirm. See 8th Cir. R. 47B.
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The Honorable John A. Ross, United States District Judge for the Eastern1
District of Missouri.
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