James E. Clifford v. Carla Walker, Property Manager

United States Court of Appeals
For the Eighth Circuit
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No. 23-2857
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James E. Clifford
lllllllllllllllllllllPlaintiff - Appellant
v.
Carla Walker, Property Manager; Yarco Company, Inc.; St. Michael Housing
Partners Investors I, L.P.
lllllllllllllllllllllDefendants - Appellees
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Appeal from United States District Court
for the Western District of Missouri - Kansas City
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Submitted: February 20, 2024
Filed: February 23, 2024
[Unpublished]
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Before LOKEN, BENTON, and ERICKSON, Circuit Juges.
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PER CURIAM.

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Missouri resident James Clifford appeals following the district court’s1 adverse
grant of summary judgment on his federal housing discrimination and retaliation
claims. On appeal, he refers to claims that were omitted from the operative complaint
or voluntarily dismissed, and he challenges the summary judgment decision.
After careful review, we conclude the claims omitted from the operative
complaint were abandoned, see In re Atlas Van Lines, Inc., 209 F.3d 1064, 1067 (8th
Cir. 2000) (amended complaint supersedes original complaint); and Clifford may not
seek review of the claims he voluntarily dismissed, see Bowers v. St. Louis Sw. Ry.
Co., 668 F.3d 369, 369 (8th Cir. 1981) (per curiam) (plaintiff generally may not
appeal from order granting voluntarily dismissal). We further conclude the adverse
grant of summary judgment was proper for the reasons explained by the district court.
See Gallagher v. Magner, 619 F.3d 823, 830 (8th Cir. 2010) (de novo review of grant
of summary judgment, viewing evidence in light most favorable to non-movant).
Accordingly, we affirm. See 8th Cir. R. 47B. We also deny Clifford’s motion
to supplement the record.
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1The Honorable Gary A. Fenner, United States District Judge for the Western
District of Missouri.
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