Larry Rader v. Ally Financial, Inc.

• Court: Court of Appeals for the Eighth Circuit
• Decided: August 28, 2020
• Docket: 20-1455
• Status: Unpublished

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 20-1455 ___________________________

Larry W. Rader

lllllllllllllllllllllPlaintiff - Appellant

v.

Ally Financial, Inc.

lllllllllllllllllllllDefendant - Appellee ____________

Appeal from United States District Court for the District of Minnesota ____________

Submitted: August 25, 2020 Filed: August 28, 2020 [Unpublished] ____________

Before LOKEN, GRUENDER, and KELLY, Circuit Judges. ____________

PER CURIAM.

Larry Rader appeals after the district court1 dismissed his case for lack of subject matter jurisdiction. Having carefully reviewed the record, we conclude that

1 The Honorable Nancy E. Brasel, United States District Judge for the District of Minnesota, adopting the report and recommendations of the Honorable Tony N. Leung, United States Magistrate Judge for the District of Minnesota. Rader failed to establish either diversity or federal question jurisdiction. See Midland Psychiatric Assocs. v. United States, 145 F.3d 1000, 1002 (8th Cir. 1998) (reviewing the dismissal for lack of subject matter jurisdiction de novo). Additionally, we find no merit to Rader’s argument that the district court abused its discretion in denying his motion to compel. See Toben v. Bridgestone Retail Operations, LLC, 751 F.3d 888, 895 (8th Cir. 2014) (stating that district courts have wide discretion in handling discovery matters). Accordingly, we affirm. See 8th Cir. R. 47B. ______________________________

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