Marco Medina-Salas v. Tyson Fresh Meats

Eighth Circuit

Marco Medina-Salas v. Tyson Fresh Meats

277 F. App'x 643

CourtCourt of Appeals for the Eighth Circuit

DecidedMay 7, 2008

Docket06-3670

StatusUnpublished

This text of 277 F. App'x 643 (Marco Medina-Salas v. Tyson Fresh Meats) 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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Marco Medina-Salas v. Tyson Fresh Meats, 277 F. App'x 643 (8th Cir. 2008).

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Opinion

PER CURIAM.

Marco Medina-Salas appeals the district court’s 1 adverse grant of summary judgment on his claims brought under the Age Discrimination in Employment Act, Title VII, the Family Medical Leave Act, and 42 U.S.C. § 1981. He also challenges the court’s dismissal without prejudice of his state-law claim and argues that his counsel below was ineffective.

After reviewing the record de novo, viewing the evidence and all reasonable inferences from it in a light most favorable to Medina-Salas, see Jacob-Mua v. Veneman, 289 F.3d 517, 520 (8th Cir.2002) (standard of review), we conclude that summary judgment was proper for the reasons stated by the district court. We also conclude that the court did not abuse its discretion in declining to exercise jurisdiction under 28 U.S.C. § 1367 over Medina-Salas’s state-law claim, see Johnson v. City of Shorewood, Minn., 360 F.3d 810, 819 (8th Cir.2004) (district court has discretion to decline supplemental jurisdiction where it has dismissed all original-jurisdiction claims; generally, when court eliminates all federal-law claims before trial, balance of factors to be considered under § 1367 will point toward declining to exercise jurisdiction over remaining state-law claims), and that Medina-Salas’s assertion of ineffective assistance of counsel is not cognizable, see Glick v. Henderson, 855 F.2d 536, 541 (8th Cir.1988) (there is no statutory or constitutional right to effect assistance of counsel in civil case).

Accordingly, the judgment of the district court is affirmed. See 8th Cir. R. 47B. *644 Medina-Salas’s motion to supplement his appellate brief is denied.

1

. The Honorable Richard G. Kopf, United States District Judge for the District of Nebraska.

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PER CURIAM.

Marco Medina-Salas appeals the district court’s 1 adverse grant of summary judgment on his claims brought under the Age Discrimination in Employment Act, Title VII, the Family Medical Leave Act, and 42 U.S.C. § 1981. He also challenges the court’s dismissal without prejudice of his state-law claim and argues that his counsel below was ineffective.

After reviewing the record de novo, viewing the evidence and all reasonable inferences from it in a light most favorable to Medina-Salas, see Jacob-Mua v. Veneman, 289 F.3d 517, 520 (8th Cir.2002) (standard of review), we conclude that summary judgment was proper for the reasons stated by the district court. We also conclude that the court did not abuse its discretion in declining to exercise jurisdiction under 28 U.S.C. § 1367 over Medina-Salas’s state-law claim, see Johnson v. City of Shorewood, Minn., 360 F.3d 810, 819 (8th Cir.2004) (district court has discretion to decline supplemental jurisdiction where it has dismissed all original-jurisdiction claims; generally, when court eliminates all federal-law claims before trial, balance of factors to be considered under § 1367 will point toward declining to exercise jurisdiction over remaining state-law claims), and that Medina-Salas’s assertion of ineffective assistance of counsel is not cognizable, see Glick v. Henderson, 855 F.2d 536, 541 (8th Cir.1988) (there is no statutory or constitutional right to effect assistance of counsel in civil case).

Accordingly, the judgment of the district court is affirmed. See 8th Cir. R. 47B. *644 Medina-Salas’s motion to supplement his appellate brief is denied.

1

. The Honorable Richard G. Kopf, United States District Judge for the District of Nebraska.

Ronald Richard Johnson Dee Lundberg Johnson v. City of Shorewood, Minnesota City of Minnetonka, Minnesota, and Its Mayor in Her Official Capacity Riley-Purgatory-Bluff Creek Watershed District, and the Chair of Its Board of Managers in His Official Capacity Trivesco, a Partnership, and Its Partners Robert H. Mason, Inc., a Corporation Highland Properties, Inc., a Corporation Steiner & Koppelman, Inc., a Corporation Highland Villa Builders, Inc., a Corporation United States of America Corps of Engineers, Being Sued as the Corps of Engineers of the United States Louis Caldera, the Honorable, Secretary of the United States Army in His/her Official Capacity or His Successor Joseph N. Ballard, Lt. General, the Commander-In-Chief of the Corps of Engineers of the United States in His/her Official Capacity, Ronald Richard Johnson Dee Lundberg Johnson v. City of Shorewood, Minnesota City of Minnetonka, Minnesota, and Its Mayor in Her Official Capacity Riley-Purgatory-Bluff Creek Watershed District, and the Chair of Its Board of Managers in His Official Capacity Trivesco, a Partnership, and Its Partners Robert H. Mason, Inc., a Corporation Steiner & Koppelman, Inc., a Corporation United States of America Corps of Engineers, Being Sued as the Corps of Engineers of the United States Louis Caldera, the Honorable, Secretary of the United States Army in His/her Official Capacity or His Successor Joseph N. Ballard, Lt. General, the Commander-In-Chief of the Corps of Engineers of the United States in His/her Official Capacity Highland Properties, Inc., a Corporation Highland Villa Builders, Inc., a Corporation, Ronald Richard Johnson Dee Lundberg Johnson v. City of Shorewood, Minnesota and Its Mayor in His Official Capacity City of Minnetonka, Minnesota, and Its Mayor in Her Official Capacity Riley-Purgatory-Bluff Creek Watershed District, and the Chair of Its Board of Managers in His Official Capacity Trivesco, a Partnership, and Its Partners Robert H. Mason, Inc., a Corporation Highland Properties, Inc., a Corporation Steiner & Koppelman, Inc., a Corporation Highland Villa Builders, Inc., a Corporation United States of America Corps of Engineers, Being Sued as the Corps of Engineers of the United States the Honorable Louis Caldera, Secretary of the United States Army in His/her Official Capacity or His Successor Lt. General Joseph N. Ballard, the Commander-In-Chief of the Corps of Engineers of the United States in His/her Official Capacity

360 F.3d 810 (Eighth Circuit, 2004)

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277 F. App'x 643, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marco-medina-salas-v-tyson-fresh-meats-ca8-2008.

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