Michael Neudecker v. Shakopee Police Dept., etc.

355 F. App'x 973

• Court: Court of Appeals for the Eighth Circuit
• Decided: December 11, 2009
• Docket: 08-3286
• Status: Unpublished

Opinion

PER CURIAM.

In this 42 U.S.C. § 1983 action, Michael Neudecker appeals the district court’s 1 ad verse judgment based partially on a dismissal for failure to state a claim and partially on summary judgment. Upon de novo review, see Schaaf v. Residential Funding Corp., 517 F.3d 544, 549 (8th Cir.) (Fed.R.Civ.P. 12(b)(6)), cert. denied, - U.S. -, 129 S.Ct. 222, 172 L.Ed.2d 142 (2008); Gordon v. Shafer Contracting Co., 469 F.3d 1191, 1194 (8th Cir.2006) (summary judgment), we agree with the district court’s disposition. In addition, we hold that the district court did not abuse its discretion in denying Neudecker appointed counsel, see Phillips v. Jasper County Jail, 437 F.3d 791, 794 (8th Cir.2006) (standard of review; no statutory or constitutional right to appointed counsel in civil cases), and that none of the district court’s other rulings constituted reversible error. Accordingly, we affirm. See 8th Cir. R. 47B.

1 . The Honorable Patrick J. Schiltz, 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.