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387 F. App'x 667

James Germalic v. John Gale

U.S. Courts of Appeals

Decided July 23, 2010

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U.S. Courts of Appeals · decided 2010-07-23

Applies 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))

Relies on Thompson v. Greenwood · Stone v. Harry · Reed Je v. Woodruff County Arkansas

Decided 2010-07-23

PER CURIAM.

¶1 James Germalic appeals from the order of the District Court 1 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 Germalie’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).

¶2 Accordingly, we affirm the District Court. In addition, we deny Germalie’s pending motion.

1

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

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