Frank Owens v. Donald Mallinger

Eighth Circuit

Frank Owens v. Donald Mallinger

363 F. App'x 427

CourtCourt of Appeals for the Eighth Circuit

DecidedJanuary 29, 2010

Docket09-2114

StatusUnpublished

Cited by1 cases

This text of 363 F. App'x 427 (Frank Owens v. Donald Mallinger) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Frank Owens v. Donald Mallinger, 363 F. App'x 427 (8th Cir. 2010).

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Opinion

PER CURIAM.

Iowa inmate Frank Owens appeals the district court’s 1 preservice dismissal of his 42 U.S.C. § 1983 action, in part without prejudice. Upon de novo review, see Moore v. Sims, 200 F.3d 1170, 1171 (8th Cir.2000) (per curiam) (citing Cooper v. Schriro, 189 F.3d 781, 783 (8th Cir.1999) (per curiam)), we conclude dismissal was proper. See Will v. Mich. Dep’t of State Police, 491 U.S. 58, 70-71, 109 S.Ct. 2304, 105 L.Ed.2d 45 (1989) (holding that because the Eleventh Amendment immunizes the states from suit, neither a state nor its officials acting in their official capacities are “persons” under § 1983 when sued for damages); Baker v. Chisom, 501 F.3d 920, 923 (8th Cir.2007) (declaring that if a § 1983 complaint is silent as to the capacity in which a defendant is sued, this court interprets the complaint as including only official-capacity claims); Martin v. Sargent, 780 F.2d 1334, 1337 (8th Cir.1985) (“[A] prisoner’s claim for injunctive relief to improve prison conditions is moot if he or she is no longer subject to those conditions”); see also Phipps v. FDIC, 417 F.3d 1006, 1010 (8th Cir.2005) (noting this court may affirm a dismissal on any basis supported by the record). We affirm.

1

. The Honorable Robert W. Pratt, Chief Judge, United States District Court for the Southern District of Iowa.

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PER CURIAM.

Iowa inmate Frank Owens appeals the district court’s 1 preservice dismissal of his 42 U.S.C. § 1983 action, in part without prejudice. Upon de novo review, see Moore v. Sims, 200 F.3d 1170, 1171 (8th Cir.2000) (per curiam) (citing Cooper v. Schriro, 189 F.3d 781, 783 (8th Cir.1999) (per curiam)), we conclude dismissal was proper. See Will v. Mich. Dep’t of State Police, 491 U.S. 58, 70-71, 109 S.Ct. 2304, 105 L.Ed.2d 45 (1989) (holding that because the Eleventh Amendment immunizes the states from suit, neither a state nor its officials acting in their official capacities are “persons” under § 1983 when sued for damages); Baker v. Chisom, 501 F.3d 920, 923 (8th Cir.2007) (declaring that if a § 1983 complaint is silent as to the capacity in which a defendant is sued, this court interprets the complaint as including only official-capacity claims); Martin v. Sargent, 780 F.2d 1334, 1337 (8th Cir.1985) (“[A] prisoner’s claim for injunctive relief to improve prison conditions is moot if he or she is no longer subject to those conditions”); see also Phipps v. FDIC, 417 F.3d 1006, 1010 (8th Cir.2005) (noting this court may affirm a dismissal on any basis supported by the record). We affirm.

1

. The Honorable Robert W. Pratt, Chief Judge, United States District Court for the Southern District of Iowa.

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363 F. App'x 427, Counsel Stack Legal Research, https://law.counselstack.com/opinion/frank-owens-v-donald-mallinger-ca8-2010.

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