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HOLLOWELL v. ALLY BANK (2019)

United States Court of Appeals, Eighth Circuit.

Calvin C. HOLLOWELL Plaintiff-Appellant v. ALLY BANK; Pablo Villatore, Salesman, Superior Dodge Chrysler Jeep; Justin McGrew, Sales Manager, Superior Dodge Chrysler Jeep; Kit Coleman Defendants-Appellees

No. 19-1823

Decided: October 08, 2019

Before BENTON, KELLY, ERICKSON, Circuit Judges. Calvin C. Hollowell, Pro Se Charles Turner Coleman, Johnathan Dwaine Horton, Wright & Lindsey, Little Rock, AR, for Defendant-Appellee Ally Bank David Michael Donovan, Watts & Donovan, Little Rock, AR, for Defendants-Appellees Pablo Villatore, Justin McGrew, Kit Coleman

[Unpublished]

Calvin Hollowell appeals after the district court 1 dismissed his civil action related to the purchase of a vehicle. After careful de novo review, see Roe v. Nebraska, 861 F.3d 785, 787 (8th Cir. 2017), we conclude that Hollowell failed to allege facts that would entitle him to relief under 42 U.S.C. §§ 1983 and 1985, or under the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. §§ 1692-1692p, see Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007) (plaintiff must provide short and plain statement of claim showing that he is entitled to relief); see also Magee v. Trs. of Hamline Univ., Minn., 747 F.3d 532, 536-37 (8th Cir. 2014) (plaintiff failed to state § 1983 claim against private party where no facts plausibly alleged mutual understanding between private party and state actor); Federer v. Gephardt, 363 F.3d 754, 758 (8th Cir. 2004) (to state § 1985 claim, plaintiff must allege violation of federally protected right). Accordingly, the judgment 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.

PER CURIAM.

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HOLLOWELL v. ALLY BANK (2019)

Docket No: No. 19-1823

Decided: October 08, 2019

Court: United States Court of Appeals, Eighth Circuit.

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