Calvin Hollowell v. Ally Bank

• Court: Court of Appeals for the Eighth Circuit
• Decided: October 8, 2019
• Docket: 19-1823
• Status: Unpublished

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 19-1823 ___________________________

Calvin C. Hollowell

lllllllllllllllllllllPlaintiff - Appellant

v.

Ally Bank; Pablo Villatore, Salesman, Superior Dodge Chrysler Jeep; Justin McGrew, Sales Manager, Superior Dodge Chrysler Jeep; Kit Coleman

lllllllllllllllllllllDefendants - Appellees ____________

Appeal from United States District Court for the Eastern District of Arkansas - Little Rock ____________

Submitted: October 7, 2019 Filed: October 8, 2019 [Unpublished] ____________

Before BENTON, KELLY, ERICKSON, Circuit Judges. ____________

PER CURIAM. Calvin Hollowell appeals after the district court1 dismissed his civil action related to the purchase of a vehicle. After careful de novo review, see Roe v. Nebraska, 861 F.3d 785, 787 (8th Cir. 2017), we conclude that Hollowell failed to allege facts that would entitle him to relief under 42 U.S.C. §§ 1983 and 1985, or under the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. §§ 1692-1692p, see Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007) (plaintiff must provide short and plain statement of claim showing that he is entitled to relief); see also Magee v. Trs. of Hamline Univ., Minn., 747 F.3d 532, 536-37 (8th Cir. 2014) (plaintiff failed to state § 1983 claim against private party where no facts plausibly alleged mutual understanding between private party and state actor); Federer v. Gephardt, 363 F.3d 754, 758 (8th Cir. 2004) (to state § 1985 claim, plaintiff must allege violation of federally protected right). Accordingly, the judgment is affirmed. See 8th Cir. R. 47B. ______________________________

1 The Honorable James M. Moody, Jr., United States District Judge for the Eastern District of Arkansas.

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