Brett Anderson v. Thomas Vilsack, et al

Filing 920081027

Opinion

United States Court of Appeals
FOR THE EIGHTH CIRCUIT

___________ No. 07-2999 ___________ Brett A. Anderson, * * Appellant, * * v. * Appeal from the United States * District Court for the Thomas J. Vilsack, Governor, State of * Southern District of Iowa. Iowa; Gary Maynard, Director of the * Iowa Department of Corrections; * [UNPUBLISHED] Lowell Brandt, Warden at the Iowa * Medical and Classification Center; * David Scurr, Security Director at the * Iowa Medical and Classification * Center; Michael Bogs, Correctional * Officer at the Iowa Medical and * Classification Center, * * Appellees. * ___________ Submitted: October 17, 2008 Filed: October 27, 2008 ___________ Before MELLOY, COLLOTON, and SHEPHERD, Circuit Judges. ___________ PER CURIAM.

Brett Anderson appeals the district court's1 dismissal of his 42 U.S.C. § 1983 action and denial of his motion for reconsideration. After careful de novo review, see Benton v. Merrill Lynch & Co., 524 F.3d 866, 870 (8th Cir. 2008), we conclude that dismissal was proper for the reasons the district court stated. We also conclude that the court did not abuse its discretion in denying Anderson's motion to reconsider the dismissal. See United States v. Metro. St. Louis Sewer Dist., 440 F.3d 930, 933 (8th Cir. 2006) (standard of review). Accordingly, we affirm the judgment, see 8th Cir. R. 47B, and we deny Anderson's request for appointment of counsel. ______________________________

The Honorable Robert W. Pratt, Chief Judge, United States District Court for the Southern District of Iowa.
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