09 Diane Vandergriff v. Wuestling & James, (8th Cir. 2009)

Docket Number:09-1045

United States Court of Appeals


No. 09-1045

Diane Vandergriff, Appellant, Appeal from the United States

v. District Court for the Eastern

District of Missouri.

Wuestling & James; James Onder; Onder, Shelton, Oleary & Peterson; [UNPUBLISHED]

Bank of America; Magna Group, Inc., doing business as Magna Trust Company; Settlement Services, Inc,; Regions Bank; Allstate, Appellees.

Submitted: September 16, 2009

Filed: October 9, 2009

Before MURPHY, COLLOTON, and SHEPHERD, Circuit Judges.


Diane Vandergriff appeals the district court's1 order dismissing her civil action for lack of subject matter jurisdiction, and the court's post-dismissal order denying leave to amend the complaint. Following de novo review, see Lemay v. U.S. Postal Serv., 450 F.3d 797, 799 (8th Cir. 2006), we conclude that dismissal was proper for the reasons stated by the district court. We also conclude the district court did not abuse its discretion in denying leave to amend. See Marmo v. Tyson Fresh Meats, Inc., 457 F.3d 748, 755 (8th Cir. 2006). Accordingly, we affirm. See 8th Cir. R. 47B.

1 The Honorable Carol E. Jackson, United States District Judge for the Eastern District of Missouri.