U.S. Court of Appeals for the Eighth Circuit, 2001

Luther Smith v. Estate of Phillips

Luther Smith v. Estate of Phillips
U.S. Court of Appeals for the Eighth Circuit · Decided July 31, 2001 · Hansen, Fagg, Beam
15 F. App'x 385

Luther Smith v. Estate of Phillips

Opinion

PER CURIAM.

Luther Smith appeals the district court’s dismissal of Smith’s complaint concerning probate matters. Having reviewed the record, we conclude dismissal was proper based on Smith’s failure to assert any basis for federal subject matter jurisdiction. See VS Ltd. P’ship v. Dep’t of Hous. and Urban Dev., 235 F.3d 1109, 1112 (8th Cir. 2000) (party desiring to proceed in federal *386 court bears burden of establishing court’s jurisdiction); Charchenko v. City of Stillwater, 47 F.3d 981, 982-83 (8th Cir. 1995) (de novo standard of review). Accordingly, we affirm. See 8th Cir. R. 47B.

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