Bernard Fraction v. Douglas Cty. Attorney's Office

• Court: Court of Appeals for the Eighth Circuit
• Decided: October 1, 2020
• Docket: 20-1665
• Status: Unpublished

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 20-1665 ___________________________

Bernard Fraction,

lllllllllllllllllllllPlaintiff - Appellant,

v.

Douglas County Attorney's Office; Theresia M. Urich; Douglas County Treasurer's Office; John W. Ewing, Jr., Treasurer; Director of Public Properties; Dennis Rookstool; Tim Dolan; Richard G. Kopf,

lllllllllllllllllllllDefendants - Appellees. ____________

Appeal from United States District Court for the District of Nebraska - Omaha ____________

Submitted: September 28, 2020 Filed: October 1, 2020 [Unpublished] ____________

Before COLLOTON, BENTON, and KOBES, Circuit Judges. ____________

PER CURIAM. Bernard Fraction appeals after the district court1 dismissed his complaint for lack of subject matter jurisdiction. It is the plaintiff’s burden to establish the district court’s subject matter jurisdiction, and, on appeal, we review its existence de novo. See Newcombe v. United States, 933 F.3d 915, 917 (8th Cir. 2019). On careful review of the record and Fraction’s arguments on appeal, we conclude that the district court properly determined that it lacked subject matter jurisdiction to consider the complaint.

The judgment of the district court is affirmed. See 8th Cir. R. 47B. ______________________________

1 The Honorable John M. Gerrard, Chief Judge, United States District Court for the District of Nebraska.

-2-