DANIELS v. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (2018)

United States Court of Appeals, Eighth Circuit.

Byron K. DANIELS Plaintiff-Appellant v. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; Metropolitan Housing Alliance; Robyn Hornes; Kathy Washington; Sunset Terrance; Kalimba Summerville Defendants-Appellees

No. 17-3071

Decided: July 12, 2018

Before WOLLMAN, BENTON, and KELLY, Circuit Judges.

Byron K. Daniels, I, Pro Se Stacey E. McCord, Assistant U.S. Attorney, U.S. Attorney's Office, Little Rock, AR, for Defendant-Appellee Department of Housing and Urban Development Neemah Aaron Esmaeilpour, Wright & Lindsey, Little Rock, AR, for Defendants-Appellees Metropolitan Housing Alliance, Robyn Hornes, Kathy Washington, Sunset Terrance, Kalimba Summerville

[Unpublished]

Byron K. Daniels appeals the order of the district court ¹ dismissing with prejudice his claims brought under 42 U.S.C. §§ 3604(a)-(b), (f) (the Fair Housing Act); 1982 (property rights of citizens); and 1983 (civil action for deprivation of rights). After de novo review, see Carter v. Huterson, 831 F.3d 1104, 1107 (8th Cir. 2016) (standard of review for grant of motion to dismiss for failure to state claim), we conclude that the district court did not abuse its discretion when it dismissed with prejudice all of Daniels’s claims against the defendants, see Wright v. Anthony, 733 F.2d 575, 577 (8th Cir. 1984) (where complaint on its face showed that no cause of action could be stated against defendants and dismissal with leave to amend would serve no useful purpose, court clearly was acting within its discretion in dismissing complaint with prejudice).

The judgment is affirmed. See 8th Cir. R. 47B.

FOOTNOTES

1. The Honorable Brian S. Miller, Chief Judge, United States District Court for the Eastern District of Arkansas.

PER CURIAM.

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