Summary
affirming preservice dismissal of IFP complaint without sua sponte granting plaintiff leave to amend
Summary of this case from Jones v. CarterOpinion
No. 18-2235
01-31-2019
Lena Lasher Plaintiff - Appellant v. Nebraska State Board of Pharmacy, (NE BOP) State of Nebraska, Lincoln, Nebraska 68508; Thomas L. Williams, MD, Chief Medical Officer Director, Division of Public Health State of Nebraska Department of Health and Human Services Lincoln, Nebraska 68508 Defendants - Appellees
Appeal from United States District Court for the District of Nebraska - Lincoln [Unpublished] Before COLLOTON, SHEPHERD, and KOBES, Circuit Judges. PER CURIAM.
Lena Lasher appeals the district court's preservice dismissal of her pro se 42 U.S.C. § 1983 complaint alleging her constitutional rights were violated in a Nebraska State Board of Pharmacy disciplinary proceeding. Upon de novo review of the record, we agree with the district court that Lasher's complaint did not state any viable claims. See Moore v. Sims, 200 F.3d 1170, 1171 (8th Cir. 2000) (per curiam) (de novo review of 28 U.S.C. § 1915(e)(2)(B) preservice dismissal); Cooper v. Schriro, 189 F.3d 781, 783 (8th Cir. 1999) (per curiam) (de novo review of 28 U.S.C. § 1915A preservice dismissal). We also conclude that the district court did not violate Lasher's rights by dismissing her complaint preservice or by not sua sponte granting her leave to amend her complaint. See Christiansen v. Clarke, 147 F.3d 655, 657-59 (8th Cir. 1998) (rejecting argument that § 1915(e)(2)(B)(ii) is unconstitutional because it authorizes preservice dismissal of indigent prisoners' claims without leave to amend). Accordingly, we affirm. See 8th Cir. R. 47B.
The Honorable Richard G. Kopf, United States District Judge for the District of Nebraska.