BARBERO v. WILHOIT PROPERTY MANAGEMENT INC (2020)

[Unpublished]

Theresa Barbero, proceeding pro se, brought this civil action against Wilhoit Property Management, Inc., the owner of an apartment building where she briefly lived. The district court ¹ dismissed her complaint and denied her request to amend it.

We conclude that dismissal was proper. See Hopkins v. City of Bloomington, 774 F.3d 490, 491 (8th Cir. 2014) (stating that we apply de-novo review to the grant of a motion to dismiss for failure to state a claim). Barbero’s proposed amendments would not have fixed the problems with her complaint, so it would have been futile to give her leave to amend it. See Plymouth Cty. v. Merscorp, Inc., 774 F.3d 1155, 1160 (8th Cir. 2014) (explaining that a determination of futility is a legal conclusion subject to de-novo review); Reuter v. Jax Ltd., 711 F.3d 918, 922 (8th Cir. 2013) (noting that futility is a sufficient reason to deny leave to amend). We accordingly affirm the judgment of the district court. See 8th Cir. R. 47B.

FOOTNOTES

1.   The Honorable Stephen R. Bough, United States District Judge for the Western District of Missouri.

PER CURIAM.