BOOTH v. SMITH III (2018)

[Unpublished]

Derrick Lamont Booth, a former Arkansas inmate, appeals the district court’s ¹ dismissal of his 42 U.S.C. § 1983 action for failure to state a claim. Having jurisdiction under 28 U.S.C. § 1291, this court affirms.

After de novo review of the record and the parties’ arguments on appeal, this court finds no basis for reversal. See Kelly v. City of Omaha, 813 F.3d 1070, 1075 (8th Cir. 2016) (grant of motion to dismiss for failure to state claim under Rule 12(b)(6) is reviewed de novo); Moore v. Sims, 200 F.3d 1170, 1171 (8th Cir. 2000) (per curiam) (pre-service dismissals are reviewed de novo).

The judgment of the district court is affirmed. See 8th Cir. R. 47B.

FOOTNOTES

1.   The Honorable James M. Moody, Jr., United States District Judge for the Eastern District of Arkansas, adopting the report and recommendations of the Honorable Beth M. Deere, United States Magistrate Judge for the Eastern District of Arkansas.

PER CURIAM.