Eric Burgie v. Jim Hannah

407 F. App'x 84

• Court: Court of Appeals for the Eighth Circuit
• Decided: January 28, 2011
• Docket: 10-2955
• Status: Unpublished

Opinion

[UNPUBLISHED]

PER CURIAM.

Eric Burgie appeals following the district court’s 1 grant of summary judgment in this 42 U.S.C. § 1983 action against state-court judges and a clerk.

Having reviewed the record de novo, see Bandy-Bey v. Crist, 578 F.3d 763, 765 (8th Cir.2009) (per curiam) (standard of review), we conclude that the district court properly dismissed the defendant judges based on absolute judicial immunity, and that the court also properly granted summary judgment to the remaining defendant because there was no evidence from which a jury could find in favor of Burgie on his constitutional claims. Specifically, there is no evidence that Burgie was de nied access to the courts to present a nonfrivolous legal claim, that he was treated dissimilarly to similarly situated persons, or that he was denied due process. We also find no abuse of discretion in the denial of leave to amend or in the denial of the motions for recusal and for a more definite statement. Accordingly, we affirm. See 8th Cir. R. 47B.

1 . The Honorable Garnett Thomas Eisele, United States District Judge for the Eastern District of Arkansas.