United States v. Randy Oster

• Court: Court of Appeals for the Eighth Circuit
• Decided: May 4, 1998
• Docket: 97-2805
• Status: Unpublished

Opinion

United States Court of Appeals FOR THE EIGHTH CIRCUIT __________________

Nos. 97-2805/97-3454 __________________

United States of America, * * Appellee, * * v. * Appeals from the United States * District Court for the Randy M. Oster, * District of North Dakota. * Appellant, * [UNPUBLISHED] * Lois M. Oster, * * Defendant. * ___________

Submitted: April 29, 1998 Filed: May 4, 1998 ___________

Before FAGG, BEAM, and HANSEN, Circuit Judges. ___________

PER CURIAM.

In these consolidated appeals, Randy M. Oster, co-defendant with his wife in an eviction action initiated by the United States, appeals from the district court&s1 denial of his Fed. R. Civ. P. 60(b) motions and its issuance of a writ of assistance. Oster

1 The Honorable Patrick A. Conmy, United States District Judge for the District of North Dakota. argues on appeal that he is entitled to Rule 60(b) relief because the district court lacked jurisdiction to enter the eviction order, and the Osters were denied a full redemption period. After careful review we conclude the district court did not abuse its discretion when it denied Oster Rule 60(b) relief. See Schultz v. Commerce First Fin., 24 F.3d 1023, 1024 (8th Cir. 1994). We also conclude Oster&s argument that the district court lacked jurisdiction to issue the writ of assistance is meritless. See Lara v. Secretary of Interior, 820 F.2d 1535, 1543 (9th Cir. 1987). Accordingly, we affirm.

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.

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