Adolfo Gutierrez Avila, Jr., on behalf of 44 listed members (similarly situated) v. Paul Schnell, Being sued in his/her individual capacity

23-3320Court of Appeals for the Eighth Circuit31 janv. 2025

Texte intégral

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 24-2261
___________________________
Adolfo Gutierrez Avila, Jr., on behalf of 44 listed members (similarly situated)
lllllllllllllllllllllPlaintiff - Appellant
v.
Paul Schnell, Being sued in his/her individual capacity; Being sued jointly and
severally liable; Vicki Janssen, Being sued in his/her individual capacity; Being
sued jointly and severally liable; Jeanette Wilson, Being sued in his/her individual
capacity; Being sued jointly and severally liable; Jessica Olson, Being sued in
his/her individual capacity; Being sued jointly and severally liable; Tina Sneen,
Being sued in his/her individual capacity; Being sued jointly and severally liable
lllllllllllllllllllllDefendants - Appellees
____________
Appeal from United States District Court
for the District of Minnesota
____________
Submitted: January 21, 2025
Filed: January 31, 2025
[Unpublished]
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Before SMITH, GRUENDER, and SHEPHERD, Circuit Judges.
____________
PER CURIAM.

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Adolfo Avila, Jr., appeals the district court’s1 dismissal of his pro se 42 U.S.C.
§ 1983 action and the denial of his motion to amend the operative complaint. After
careful de novo review of the record and the parties’ arguments on appeal, we find
no basis for reversal. See East v. Minnehaha Cnty., 986 F.3d 816, 820 (8th Cir. 2021)
(de novo review of dismissal under Fed. R. Civ. P. 12(b)(6)). Accordingly, we affirm.
See 8th Cir. R. 47B. The motions to supplement the record and to file a supplemental
brief are denied as moot.
______________________________
1The Honorable Nancy E. Brasel, United States District Judge for the District
of Minnesota, adopting the report and recommendations of the Honorable Douglas
L. Micko, United States Magistrate Judge for the District of Minnesota.
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