Deon Stewart v. Department of Correctional Service Staff

• Court: Court of Appeals for the Eighth Circuit
• Decided: February 9, 2024
• Docket: 23-3583
• Status: Unpublished

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 23-3583 ___________________________

Deon A. Stewart

Plaintiff - Appellant

v.

Department of Correctional Service Staff; Sherwood, Case Manager; NeuJahr, Case Manager; Sera Nelson, Warden; Cathy Sears, Warden; Taggart Boyd, Warden; M. Dicini, Corporal

Defendants - Appellees ____________

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

Submitted: February 6, 2024 Filed: February 9, 2024 [Unpublished] ____________

Before BENTON, KELLY, and STRAS, Circuit Judges. ____________

PER CURIAM. Deon Stewart appeals the district court’s 1 orders granting his motion to voluntarily dismiss his complaint and denying his Fed. R. Civ. P. 60(b) motion for relief from judgment. Having jurisdiction under 28 U.S.C. § 1291, this court affirms.

Upon careful consideration of the record and Stewart’s arguments on appeal, this court concludes the district court did not abuse its discretion in granting Stewart’s motion to dismiss his case and denying Rule 60(b) relief. See Paulucci v. City of Duluth, 826 F.2d 780, 782-83 (8th Cir. 1987); Miller v. Baker Implement Co., 439 F.3d 407, 414 (8th Cir. 2006).

The judgment is affirmed. See 8th Cir. R. 47B. ______________________________

1 The Honorable Joseph F. Bataillon, United States District Judge for the District of Nebraska. -2-