LOUGIN v. CITY OF ST LOUIS MISSOURI BOE (2020)

United States Court of Appeals, Eighth Circuit.

Eric D. LOUGIN; Francesco R. Russo Plaintiffs-Appellants v. CITY OF ST. LOUIS, MISSOURI; Grand Center, Inc.; Freddie Dunlap, in his official and individual capacity; John Does, 1-4, in their official capacity; Chris Roth, in his official and individual capacity; Rick Lauman, in his official capacity; Shawn Ordway, in his official capacity; Claudia Roe, in her official capacity; St. Louis City Board of Equalization, City of Saint Louis Assessor President of the BOE Defendants-Appellees

No. 19-2469

Decided: March 06, 2020

Before BENTON, SHEPHERD, and KELLY, Circuit Judges.

Eric D. Lougin, Pro Se Francesco R. Russo, Pro Se Megan K. B. Bruyns, Abby Joe Duncan, Assistant City Counselor, Erin K. McGowan, Assistant City Counselor, City Counselor's Office, Saint Louis, MO, for Defendants-Appellees City of St. Louis, Missouri, Freddie Dunlap, John Does, Chris Roth, Rick Lauman, Shawn Ordway, Claudia Roe, St. Louis City Board of Equalization, City of Saint Louis Assessor President of the BOE Matthew S. McBride, Lashly & Baer, Saint Louis, MO, for Defendant-Appellee Grand Center, Inc.

[Unpublished]

Eric Lougin and Francesco Russo appeal the district court's order in their pro se complaint raising claims under 42 U.S.C. §§ 1983 and 1985, as well as state law, in which the district court dismissed the federal claims and remanded the state law claims to state court. Having carefully reviewed the record and the parties’ arguments on appeal, we conclude the court properly dismissed the federal claims. See Plymouth Cty. v. Merscorp, Inc., 774 F.3d 1155, 1158 (8th Cir. 2014) (de novo review of dismissal order). Accordingly, the judgment is affirmed as to the dismissal of the federal claims. We vacate the order remanding the state law claims to state court, however, as the case did not originate in state court; and we instruct the district court to enter an order dismissing the state law claims without prejudice.

PER CURIAM.

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