Kenneth Raymond Kunzer, Grantor v. Stuart G. Foster, sued in his individual capacity

23-3019Court of Appeals for the Eighth Circuit30 gen 2026

Testo completo

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 25-2256
___________________________
Kenneth Raymond Kunzer, Grantor
lllllllllllllllllllllPlaintiff - Appellant
v.
Stuart G. Foster, sued in his individual capacity; DeAnna Foster, sued in her
individual capacity; Carpets' N Moore, Inc.; Kim A. Ach, sued in her individual
capacity; Samuel S. Rufer, attorney at law - sued in his individual and official
capacity; Gretchen D. Thilmony, Judge of Minnesota District Court - sued in her
individual and official capacity; Mark J. Kemper, attorney at law - sued in his
individual and official capacity; Patrick A. Bakken, attorney at law - sued in his
individual and official capacity; The Estate of Steve B. Ach
lllllllllllllllllllllDefendants - Appellees
____________
Appeal from United States District Court
for the District of Minnesota
____________
Submitted: December 15, 2025
Filed: January 5, 2026
[Unpublished]
____________
Before SMITH, GRUENDER, and KOBES, Circuit Judges.
____________
PER CURIAM.

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Kenneth Kunzer appeals following the district court’s1 dismissal of his pro se
civil action and the court’s entry of sanctions against Kunzer. After careful review
of the record and the parties’ arguments on appeal, we conclude that the district court
properly dismissed the complaint for failure to state a claim. See Ingram v. Ark.
Dep’t of Corr., 91 F.4th 924, 927 (8th Cir. 2024) (standard of review). We also
conclude that the district court did not abuse its discretion in declining to exercise
supplemental jurisdiction over Kunzer’s state claims. See 28 U.S.C. § 1367(c)(3)
(allowing district courts to decline to exercise supplemental jurisdiction over a claim
after dismissing all original jurisdiction claims); King v. City of Crestwood, 899 F.3d
643, 651 (8th Cir. 2018) (standard of review). Finally, the district court did not abuse
its discretion in declining to alter or amend its dismissal order. See Ryan v. Ryan, 889
F.3d 499, 507-08 (8th Cir. 2018) (standard of review).
Accordingly, we affirm. See 8th Cir. R. 47B. We also grant Kunzer’s motion
to dismiss the appeal as to the sanctions order under Federal Rules of Appellate
Procedure 42(b).
______________________________
1The Honorable Laura M. Provinzino, United States District Judge for the
District of Minnesota.
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