Dim Njaka v. Michael D. Kennedy

United States Court of Appeals
For the Eighth Circuit
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No. 14-3515
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Dim Njaka
lllllllllllllllllllll Plaintiff - Appellant
v.
Michael D. Kennedy; Pamela-Jeanne Moran; Dana K. Bilyeu; Thomas K.
Emswiler; Ronald D. McCray; David A. Jones; Terrence A. Duffy; Megan J.
Brennan;1 Gregory T. Long; Thomas E. Perez,2 Secretary of Labor; Sharon Malmborg
lllllllllllllllllllll Defendants - Appellees
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Appeal from United States District Court
for the District of Minnesota - Minneapolis
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Submitted: October 30, 2015
Filed: November 4, 2015
[Unpublished]
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Before WOLLMAN, BYE, and GRUENDER, Circuit Judges.
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1Megan J. Brennan has been appointed to serve as Postmaster General, and is
substituted as appellee pursuant to Federal Rule of Appellate Procedure 43(c).
2Thomas E. Perez has been appointed to serve as Secretary of Department of
Labor, and is substituted as appellee pursuant to Federal Rule of Appellate Procedure
43(c).

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PER CURIAM.
Dim Njaka appeals the district court’s 3 order granting defendants’ motion to
dismiss his lawsuit under the Federal Employees’ Retirement System Act. Upon de
novo review, see Hopkins v. City of Bloomington, 774 F.3d 490, 491-92 (8th Cir.
2014), we agree with the district court that dismissal was proper. We deny as moot
his challenge to the denial of his motion for a preliminary injunction. The judgment
of the district court is affirmed. 4 See 8th Cir. R. 47B.
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3The Honorable John R. Tunheim, Chief Judge, United States District Court for
the District of Minnesota, adopting the report and recommendations of the Honorable
Jeanne J. Graham, United States Magistrate Judge for the District of Minnesota, now
retired.
4We decline to address the new matters and evidence Njaka offers on appeal.
See Stone v. Harry, 364 F.3d 912, 914 (8th Cir. 2004).
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