Eric Burgie v. Jim Hannah, et al

Filing 920110128

Opinion

United States Court of Appeals
FOR THE EIGHTH CIRCUIT

___________ No. 10-2955 ___________ Eric C. Burgie, * * Appellant, * * Appeal from the United States v. * District Court for the Eastern * District of Arkansas. Jim R. Hannah, Chief Justice, * Arkansas Supreme Court; Donald * [UNPUBLISHED] L. Corbin, Senior Associate Justice, * Arkansas Supreme Court; Annabelle * Clinton Imber, Associate Justice, * Arkansas Supreme Court; Paul E. * Danielson, Associate Justice, Arkansas * Supreme Court; Jim Gunter, Associate * Justice, Arkansas Supreme Court; * Robert L. Brown, Associate Justice, * Arkansas Supreme Court; Elana Willis, * Associate Justice, Arkansas Supreme * Court; Sue Newbery, Clerk, Arkansas * Supreme Court, * * Appellees. * ___________ Submitted: January 24, 2011 Filed: January 28, 2011 ___________ Before LOKEN, MURPHY, and COLLOTON, Circuit Judges. ___________ PER CURIAM.

Eric Burgie appeals following the district court's1 grant of summary judgment in this 42 U.S.C. § 1983 action against state-court judges and a clerk. Having reviewed the record de novo, see Bandy-Bey v. Crist, 578 F.3d 763, 765 (8th Cir. 2009) (per curiam) (standard of review), we conclude that the district court properly dismissed the defendant judges based on absolute judicial immunity, and that the court also properly granted summary judgment to the remaining defendant because there was no evidence from which a jury could find in favor of Burgie on his constitutional claims. Specifically, there is no evidence that Burgie was denied access to the courts to present a nonfrivolous legal claim, that he was treated dissimilarly to similarly situated persons, or that he was denied due process. We also find no abuse of discretion in the denial of leave to amend or in the denial of the motions for recusal and for a more definite statement. Accordingly, we affirm. See 8th Cir. R. 47B. ______________________________

The Honorable Garnett Thomas Eisele, United States District Judge for the Eastern District of Arkansas. -2-

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