Frederick Smith v. Rick McKelvey

667 F. App'x 883

• Court: Court of Appeals for the Eighth Circuit
• Decided: August 4, 2016
• Docket: 16-1726
• Status: Unpublished

Opinion

PER CURIAM.

Frederick Smith appeals district court’s 1 28 U.S.C. § 1915(e)(2) dismissal, without prejudice, of his pro se complaint under 42 U.S.C. §§ 1983 and 1985. Smith also sought to bring claims under the Racketeer Influenced and Corrupt Organizations Act; under 18 U.S.C. §§ 241, 242; and under Arkansas law.

Upon careful de novo review, see Moore v. Sims, 200 F.3d 1170, 1171 (8th Cir. 2000) (per curiam), we conclude that all of Smith’s federal claims were subject to dismissal, see Rotella v. Wood, 528 U.S. 549, 553, 557-58, 120 S.Ct. 1075, 145 L.Ed.2d 1047 (2000); Linda R.S. v. Richard D., 410 U.S. 614, 619, 93 S.Ct. 1146, 35 L.Ed.2d 536 (1973); Jones v. Frost, 770 F.3d 1183, 1185 (8th Cir. 2014), and that the district court was warranted in declining to exercise supplemental jurisdiction over Smith’s state-law claims, see 28 U.S.C. § 1367(c). Accordingly, the judgment of the district court is affirmed. See 8th Cir. R. 47B.

1 . The Honorable D.P. Marshall Jr., United States District Judge for the Eastern District of Arkansas.