Clayton Walker v. Steve Barnett, Sec. of State

Opinion

United States Court of Appeals For the Eighth Circuit

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No. 20-3199

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Clayton Walker

lllllllllllllllllllllPlaintiff - Appellant

v.

Steve Barnett, Secretary of State; Marcia Hultman, Department of Labor

lllllllllllllllllllllDefendants - Appellees

United States of America; Unknown Federal Persons

lllllllllllllllllllllDefendants

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Appeal from United States District Court for the District of South Dakota - Southern

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Submitted: April 7, 2021 Filed: April 12, 2021

[Unpublished]

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Before GRUENDER, MELLOY, and KELLY, Circuit Judges.

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PER CURIAM.

South Dakota resident Clayton Walker appeals the district court’s1 dismissal of his 42 U.S.C. § 1983 action. Having carefully reviewed the record and the parties’ briefs, we conclude that the court did not abuse its discretion in dismissing the complaint for failure to properly serve the defendants. See Mac v. Dillon, 594 F.3d 620, 622 (8th Cir. 2010) (per curiam) (standard of review). We also deny the motion for PACER access as moot. Accordingly, the judgment is affirmed. See 8th Cir. R. 47B.

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1 The Honorable Karen E. Schreier, United States District Judge for the District of South Dakota.