James Knox v. Gary Kempker

297 F. App'x 573

• Court: Court of Appeals for the Eighth Circuit
• Decided: October 28, 2008
• Docket: 07-2760
• Status: Unpublished

Opinion

PER CURIAM.

Oregon inmate James Knox appeals the district court’s 1 dismissal of his civil action regarding his placement in administrative segregation, the conditions there, and other alleged constitutional violations. Reviewing the record de novo and taking all facts alleged in the complaint as true, see Carter v. Arkansas, 392 F.3d 965, 968 (8th Cir.2004) (standard of review for Federal Rule of Civil Procedure 12(b)(6) dismissals); Cooper v. Schriro, 189 F.3d 781, 783 (8th Cir.1999) (per curiam) (standard of review for 28 U.S.C. § 1915A dismissals), we conclude that the district court properly dismissed the complaint, because the various claims Knox alleged either rely on legal conclusions rather than supporting facts, or simply do not state an actionable wrong, see Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 127 S.Ct. 1955, 1964-65, 1969 & nn. 3, 8, 167 L.Ed.2d 929 (2007); Stone v. Harry, 364 F.3d 912, 914 (8th Cir.2004); Martin v. Sargent, 780 F.2d 1334, 1337 (8th Cir.1985).

Accordingly, we affirm the dismissal, but we modify it to be without prejudice.

1 . The Honorable Carol E. Jackson, Chief Judge, United States District Court for the Eastern District of Missouri, and the Honorable Mary Ann L. Medler, United States Magistrate Judge for the Eastern District of Missouri, to whom the remainder of the case was referred for final disposition by consent of the parties pursuant to 28 U.S.C. § 636(c).