From Casetext: Smarter Legal Research

Germalic v. Gale

United States Court of Appeals, Eighth Circuit
Jul 23, 2010
387 F. App'x 667 (8th Cir. 2010)

Opinion

No. 09-3752.

Submitted: July 20, 2010.

Filed: July 23, 2010.

Appeal from the United States District Court for the District of Nebraska.

James Germalic, Independent Candidate for President, Parma, OH, pro se.

Dale A. Comer, Nebraska Department of Justice, Lincoln, NE', for Appellee.

Before BYE, BOWMAN, and COLLOTON, Circuit Judges.


[UNPUBLISHED]


James Germalic appeals from the order of the District Court dismissing his complaint for failure to state a claim. Germalic also has a pending motion to add thirty-nine pages to his reply brief. Upon de novo review, we conclude that the District Court did not err in dismissing Germalic's complaint for failure to state a claim. See Stone v. Harry, 364 F.3d 912, 914 (8th Cir. 2004) (noting that pro se complaints should be liberally construed but nevertheless "must allege sufficient facts to support the claims advanced"); Ellis v. Norris, 179 F.3d 1078, 1079 (8th Cir. 1999) (affirming dismissal of 42 U.S.C. § 1983 complaint where plaintiff "failed to allege facts supporting any individual defendant's personal involvement or responsibility for the violations"); Reed v. Woodruff County, Ark, 7 F.3d 808, 810 (8th Cir. 1993) (explaining that to state a claim under § 1983, a plaintiff must allege that the defendant's actions "amounted to a violation of a right . . . protected by the Constitution or laws of the United States"); see also Schaaf v. Residential Funding Corp., 517 F.3d 544, 549 (8th Cir.) (standard of review), cert. denied, ___ U.S. ___, 129 S.Ct. 222, 172 L.Ed.2d 142 (2008).

The Honorable Richard G. Kopf, United States District Judge for the District of Nebraska.

Accordingly, we affirm the District Court. In addition, we deny Germalic's pending motion.


Summaries of

Germalic v. Gale

United States Court of Appeals, Eighth Circuit
Jul 23, 2010
387 F. App'x 667 (8th Cir. 2010)
Case details for

Germalic v. Gale

Case Details

Full title:James GERMALIC, Independent Candidate for President, pro se, Appellant, v…

Court:United States Court of Appeals, Eighth Circuit

Date published: Jul 23, 2010

Citations

387 F. App'x 667 (8th Cir. 2010)