794 Fed.Appx. 804 (10th Cir. 2020), 19-3169, DeWalt v. City of Overland Park, Kansas

• Docket Nº: 19-3169
• Citation: 794 Fed.Appx. 804
• Opinion Judge: Harris L Hartz, Circuit Judge
• Party Name: Rodney DEWALT, Plaintiff-Appellant, v. CITY OF OVERLAND PARK, KANSAS, Defendant-Appellee.
• Attorney: Rodney DeWalt, Pro Se Michael K. Seck, Fisher, Patterson, Sayler & Smith, Overland Park, KS, for Defendant-Appellee
• Judge Panel: Before HARTZ, PHILLIPS, and EID, Circuit Judges.
• Case Date: February 24, 2020
• Court: United States Courts of Appeals, Court of Appeals for the Tenth Circuit

Page 804

794 Fed.Appx. 804 (10th Cir. 2020)

Rodney DEWALT, Plaintiff-Appellant,

v.

CITY OF OVERLAND PARK, KANSAS, Defendant-Appellee.

No. 19-3169

United States Court of Appeals, Tenth Circuit

February 24, 2020

Editorial Note:

UNPUBLISHED OPINION (See Fed. Rule of Appellate Procedure 32.1. See also U.S.Ct. of App. 10th Cir. Rule 32.1.)

(D.C. No. 2:18-CV-02690-DDC-TJJ) (D. Kansas)

Rodney DeWalt, Pro Se

Michael K. Seck, Fisher, Patterson, Sayler & Smith, Overland Park, KS, for Defendant-Appellee

Before HARTZ, PHILLIPS, and EID, Circuit Judges.^[*]

ORDER AND JUDGMENT^[**]

Harris L Hartz, Circuit Judge

Plaintiff Rodney DeWalt, a pro se litigant, appeals the dismissal of his complaint by the United States District Court for the District of Kansas. Exercising jurisdiction under 28 U.S.C. § 1291, we affirm.

In December 2018 Mr. DeWalt, an African-American business owner, brought suit against the City of Overland Park, Kansas, alleging claims of race discrimination under 42 U.S.C. § 1981 and violations of his constitutional rights (procedural due process, equal protection, and freedom of association) under 42 U.S.C. § 1983. He also brought state tort claims (intentional interference with economic relations and intentional infliction of emotional distress). His claims all arose out of his unsuccessful effort to open and operate Gossip, a live-entertainment venue in Overland Park that catered to African-American customers. He alleged in his complaint that he was forced to close Gossip after experiencing multiple electrical issues due to faulty wiring, a fire caused by this faulty wiring, and racist threats from unidentified members of the public.

After answering Mr. DeWalt’s complaint, the City moved for judgment on the pleadings under Fed.R.Civ.P. 12(c). Mr. DeWalt filed a response, which included a request for leave to amend his complaint if the motion to dismiss was granted. The district court concluded that Mr. DeWalt’s complaint failed to allege facts capable of supporting his federal claims. It explained that none of Mr. DeWalt’s allegations showed any racial motive behind the City’s actions, or that any action by the City hurt him in any way. And it explained that Mr. DeWalt failed to identify any City policy or custom responsible for the alleged constitutional violations. The court, however, granted Mr. DeWalt 10 days to file a motion for leave to amend that attached the proposed amended complaint, as required under D. Kan. Rule 15.1. The court also stated that if it dismissed the federal claims, it would be inclined to decline to exercise supplemental jurisdiction over the state-law claims.

Mr. DeWalt moved for a 30-day extension of the deadline. The magistrate judge denied this motion, but nonetheless extended the deadline by four days. Mr. DeWalt did not file a timely motion to amend; instead, he filed only an amended complaint, and he did so two days after the extended deadline had...