Joseph Favors v. Samantha Ensz

U.S. Court of Appeals for the Eighth Circuit

Joseph Favors v. Samantha Ensz

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 21-2826 ___________________________

Joseph Anthony Favors

lllllllllllllllllllllPlaintiff - Appellant

v.

Samantha Ensz, et al., in their Individual and Official capacities

lllllllllllllllllllllDefendants - Appellees ____________

Appeal from United States District Court for the District of Minnesota ____________

Submitted: January 3, 2022 Filed: January 7, 2022 [Unpublished] ____________

Before LOKEN, BENTON, and SHEPHERD, Circuit Judges. ____________

PER CURIAM.

Joseph Favors, who is civilly committed to the Minnesota Sex Offender Program (MSOP), brought this § 1983 action asserting retaliation and deliberate indifference claims against various MSOP officials acting in their official and individual capacities, the eighth lawsuit Favors filed in the District of Minnesota against MSOP officials in 2020 and 2021. Favors appeals the district court’s1 order granting defendants’ motion to dismiss, to which Favors did not respond, because defendants are entitled to Eleventh Amendment immunity and qualified immunity from the official capacity and individual capacity claims; denying his motion for leave to amend his complaint, which he filed without a proposed amended pleading; denying his motion for a harassment restraining order against non-parties; and declining to exercise supplemental jurisdiction over his state law claims.

After careful review, we affirm for the reasons stated in the district court’s Memorandum Opinion and Order dated August 2, 2021. See 8th Cir. R. 47B. ______________________________

1 The Honorable Susan Richard Nelson, United States District Judge for the District of Minnesota.

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Reference

Status
Unpublished