HUSSEY v. PANKOW (2020)

[Unpublished]

Alexandra Hussey appeals the district court’s ¹ dismissal of her pro se action. Having carefully reviewed the record and the parties’ arguments on appeal, we find no basis for reversal. We conclude that dismissal was proper, see Montin v. Moore, 846 F.3d 289, 292 (8th Cir. 2017) (de novo review); and that there was no abuse of discretion in the denial of her motion for recusal of the magistrate, the denial of leave to file a second amended complaint, or the denial of her post-judgment motions, see Liteky v. United States, 510 U.S. 540, 555, 114 S.Ct. 1147, 127 L.Ed.2d 474 (1994); D.M. by Bao Xiong v. Minn.State High Sch. League, 917 F.3d 994, 999 (8th Cir. 2019); Schriener v. Quicken Loans, Inc., 774 F.3d 442, 446 (8th Cir. 2014); Norman v. Ark. Dep’t of Educ., 79 F.3d 748, 750 (8th Cir. 1996). However, we modify the dismissal of the state-law claims to be without prejudice. See Ahmed v. United States, 147 F.3d 791, 797 (8th Cir. 1998) (dismissal for lack of jurisdiction should be without prejudice)

The judgment is affirmed as modified. See 8th Cir. R. 47B. We deny Hussey’s motion for a transcript.

FOOTNOTES

1.   The Honorable David S. Doty, United States District Judge for the District of Minnesota.

PER CURIAM.