Jerrold Ryan Kemmer v. Beltrami County

369 F. App'x 769

• Court: Court of Appeals for the Eighth Circuit
• Decided: March 31, 2010
• Docket: 09-2239
• Status: Unpublished

Opinion

PER CURIAM.

Jerrold Kemmer appeals the district court’s 1 order granting defendants summary judgment and denying Kemmer’s Federal Rule of Civil Procedure 56(f) motion for a continuance in his pro se 42 U.S.C. § 1983 action.

Following careful de novo review, see Sheets v. Butera, 389 F.3d 772, 776 (8th Cir.2004), we conclude that the district court properly granted summary judgment, and we also find no abuse of discretion in the court’s denial of Kemmer’s request for a continuance, see Rakes v. Life Investors Ins. Co. of Am., 582 F.3d 886, 893 (8th Cir.2009) (standard of review for denial of Rule 56(f) motion). Accordingly, we affirm. See 8th Cir. R. 47B.

1 . The Honorable Patrick J. Schütz, United States District Judge for the District of Minnesota, adopting the report and recommendations of the Honorable Raymond L. Erickson, United States Magistrate Judge for the District of Minnesota.