Patricia Goodale v. Gate City Bank

122 F. App'x 290

Opinion

PER CURIAM.

The Goodales appeal the district court’s 1 preservice dismissal with prejudice of their complaint for failure to state a claim, and request oral argument before this court. We deny the motion for oral argument. Having reviewed the record, we conclude that dismissal was proper for the reasons the district court stated. Accordingly, we affirm. See 8th Cir. R. 47B. However, we modify the dismissal of the state law claims to be without prejudice. See Labickas v. Ark. State Univ., 78 F.3d 333, 334-35 (8th Cir.) (per curiam) (affirming district court order of dismissal for failure to state claim, but modifying it to be without prejudice for state law claims), cert. denied, 519 U.S. 968, 117 S.Ct. 395, 136 L.Ed.2d 310 (1996).

1 . The Honorable Ralph Erickson, United States District Judge for the District of North Dakota, adopting the report and recommendations of the Honorable Karen K. Klein, United States Magistrate Judge for the District of North Dakota.