MOYA v. SCHOLLENBARGER

No. 04-2319.

465 F.3d 444 (2006)

George MOYA, Plaintiff-Appellant, v. Kay SCHOLLENBARGER, General Manager, Robert Tafoya, Director of Operations, and Raul Montoya, Electrician, "Supervisor of All Trades," New Mexico State Fair, in their individual capacities, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

September 26, 2006.


Attorney(s) appearing for the Case

Dennis W. Montoya, Montoya Law, Inc., Rio Rancho, NM, for Plaintiff-Appellant.

Daniel Joseph Macke, (Elizabeth L. German with him on the brief), Brown & German, Albuquerque, NM, for Defendants-Appellees.

Before MURPHY, EBEL, and McCONNELL, Circuit Judges.


EBEL, Circuit Judge.

The district court ordered dismissal of George Moya's civil rights claim "without prejudice." We conclude that the order was nonetheless a final decision such that our jurisdiction is proper. And although the district court mistakenly applied a heightened pleading standard in evaluating the propriety of dismissal, we affirm because we conclude that the dismissal would also be proper under the correct standard.

I. BACKGROUND

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