From Casetext: Smarter Legal Research

Jackson v. Mo. Bd.

United States Court of Appeals, Eighth Circuit
Jan 9, 2009
306 F. App'x 333 (8th Cir. 2009)

Summary

holding that even a pro se defendant was required to name the proper parties

Summary of this case from Christensen v. Quinn

Opinion

No. 07-3882.

Submitted: December 3, 2008.

Filed: January 9, 2009.

Appeal from the United States District Court for the Eastern District of Missouri.

Arbary Phillip Jackson, St. Louis, MO, for Plaintiff-Appellant.

Dana C. Ceresia, Attorney General's Office, St. Louis, MO, for Defendant-Appellee.

Before MELLOY, COLLOTON, and SHEPHERD, Circuit Judges.


[UNPUBLISHED]


Arbary Jackson appeals the district court's dismissal of his 42 U.S.C. § 1983 complaint. Upon de novo review, see Union Elec. Co. v. Mo. Dept. of Conservation, 366 F.3d 655, 657 (8th Cir. 2004), we agree with the district court that Jackson's complaint was barred by sovereign immunity, see Board of Trs. of Univ. of Ala. v. Garrett, 531 U.S. 356, 363, 121 S.Ct. 955, 148 L.Ed.2d 866 (2001). Jackson's pro se status does not excuse his failure to name the proper parties, see Brown v. Frey, 806 F.2d 801, 804 (8th Cir. 1986) (pro se litigants are not excused from complying with substantive and procedural law), and we decline his request to remand this matter with instructions to allow amendment of his complaint, see Artis v. Francis Howell N. Band Booster Ass'n, Inc., 161 F.3d 1178, 1182 (8th Cir. 1998) (denying request on appeal to amend complaint to name defendant in his personal capacity where plaintiff had ample time to seek amendment but failed to do so). Finally, we conclude the district court did not abuse its discretion in denying Jackson's motion for reconsideration. See United States v. Metro. St. Louis Sewer Dist., 440 F.3d 930, 933 (8th Cir. 2006).

The Honorable Catherine D. Perry, United States District Judge for the Eastern District of Missouri.

Accordingly, we affirm.


Summaries of

Jackson v. Mo. Bd.

United States Court of Appeals, Eighth Circuit
Jan 9, 2009
306 F. App'x 333 (8th Cir. 2009)

holding that even a pro se defendant was required to name the proper parties

Summary of this case from Christensen v. Quinn
Case details for

Jackson v. Mo. Bd.

Case Details

Full title:Arbary Phillip JACKSON, Appellant, v. MISSOURI BOARD OF PROBATION AND…

Court:United States Court of Appeals, Eighth Circuit

Date published: Jan 9, 2009

Citations

306 F. App'x 333 (8th Cir. 2009)

Citing Cases

Woodson v. Mo. Dep't of Corr.

According to the Eighth Circuit, "pro se status does not excuse [plaintiffs] failure to name the proper…

Wesley v. Essmyer

Furthermore, according to the Eighth Circuit, “pro se status does not excuse [plaintiff's] failure to name…