Jesse Garcia v. Marty Anderson

402 F. App'x 150

• Court: Court of Appeals for the Eighth Circuit
• Decided: November 17, 2010
• Docket: 10-2221
• Status: Unpublished

Opinion

PER CURIAM.

Federal inmate Jesse Garcia appeals following the district court’s 1 adverse grant of summary judgment in his action under Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971), and the Federal Tort Claims Act. Having conducted de novo review, we conclude that summary judgment was warranted. See Mason v. Corr. Med. Servs., Inc., 559 F.3d 880, 884-85 (8th Cir.2009) (summary judgment standard of review); see also Mel-ford Olsen Honey, Inc. v. Adee, 452 F.3d 956, 966 (8th Cir.2006) (reviewing de novo district court’s application of state law). We also find no abuse of discretion in the denial of Garcia’s motion to alter or amend judgment. See Christensen v. Qwest Pension Plan, 462 F.3d 913, 920 (8th Cir.2006) (standard of review). Accordingly, we affirm. See 8th Cir. R. 47B.

1 . The Honorable Ann D. Montgomery, United States District Judge for the District of Minnesota, adopting the report and recommendations of the Honorable Jeanne J. Graham, United States Magistrate Judge for the District of Minnesota.