Michael Terrell v. Steven Schwerb

231 F. App'x 537

• Court: Court of Appeals for the Eighth Circuit
• Decided: August 16, 2007
• Docket: 06-2671
• Status: Unpublished

Opinion

PER CURIAM.

Michael Terrell appeals the district court’s 1 adverse grant of summary judgment in his civil rights lawsuit. We agree with the district court that Terrell failed to counter defendants’ evidence showing their actions did not violate his constitutional rights, see Parks v. City of Horseshoe Bend, Ark, 480 F.3d 837, 839 (8th Cir. 2007) (to survive summary judgment motion, nonmovant must present more than scintilla of evidence and must advance specific facts to create genuine trialworthy issue); Johnson v. Blaukat, 453 F.3d 1108, 1112 (8th Cir.2006) (summary judgment standard of review); and we reject as meritless Terrell’s arguments for reversal. Further, to the extent he was attempting to bring criminal charges for kidnaping and abduction, he cannot do so, see Linda R. S. v. Richard D., 410 U.S. 614, 619, 93 S. Ct. 1146, 35 L.Ed.2d 536 (1973). Finally, to the extent he challenges the district court’s denial of his Federal Rule of Civil Procedure 60(b) motion, we find no abuse of discretion. See Brooks v. FergusonFlorissant Sch. Dist., 113 F.3d 903, 905 (8th Cir.1997) (standard of review).

Accordingly, we affirm. See 8th Cir. R. 47B.

1 . The Honorable Jean C. Hamilton, United States District Judge for the Eastern District of Missouri.