Nicholas Stroeder v. Joan Fabian

427 F. App'x 546

• Court: Court of Appeals for the Eighth Circuit
• Decided: September 9, 2011
• Docket: 11-2277
• Status: Unpublished

Opinion

PER CURIAM.

Minnesota inmate Nicholas Stroeder appeals the district court’s 1 28 U.S.C. § 1915A dismissal with prejudice of his civil-rights action, as well as the denial of his motions for rehearing and appointment of counsel. After careful de novo review, see Cooper v. Schriro, 189 F.3d 781, 783 (8th Cir.1999) (per curiam), we agree with the district court that Stroeder failed to state a claim. We also find the district court did not abuse its discretion by denying Stroeder’s motions for rehearing and appointment of counsel. See Bennett v. Dr. Pepper/Seven Up, Inc., 295 F.3d 805, 807 (8th Cir.2002) (Fed.R.Civ.P. 60(b) standard of review); Swope v. Cameron, 73 F.3d 850, 851-52 (8th Cir.1996) (28 U.S.C. § 1915(e)(1) standard of review).

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

1 . The Honorable Paul A. Magnuson, United States District Judge for the District of Minnesota, adopting the report and recommenda tions of the Honorable Jeffrey J. Keyes, United States Magistrate Judge for the District of Minnesota.