Eldon Bugg v. James Rutter, et al



Download PDF
United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 11-2533 ___________ Eldon K. Bugg, * * Appellant, * * Appeal from the United States v. * District Court for the * Western District of Missouri. James L. Rutter; Jean Goldstein, * * [UNPUBLISHED] Appellees. * ___________ Submitted: February 6, 2012 Filed: February 15, 2012 ___________ Before MURPHY, ARNOLD, and SHEPHERD, Circuit Judges. ___________ PER CURIAM. Eldon Bugg appeals the district court’s1 denial of his motion under Federal Rule of Civil Procedure 60(b)(6), in which he asked the court to “clarify” that its dismissal of his action had been without prejudice as to the state-law claims he had raised. We conclude the district court did not abuse its discretion by denying Bugg’s motion: the dismissal order in question had dismissed his state-law claims with prejudice, and no other exceptional circumstances existed meriting Rule 60(b)(6) relief. See Murphy v. Mo. Dep’t of Corr., 506 F.3d 1111, 1117 (8th Cir. 2007) (standard of review; Rule 1 The Honorable Nanette K. Laughrey, United States District Judge for the Western District of Missouri. Appellate Case: 11-2533 Page: 1 Date Filed: 02/15/2012 Entry ID: 3880365 60(b)(6) provides relief only where exceptional circumstances denied moving party full and fair opportunity to litigate claim and prevented moving party from receiving adequate redress); Caldwell v. Camp, 594 F.2d 705, 707 n.2 (8th Cir. 1979) (involuntary dismissal is with prejudice unless otherwise specified by the district court or Fed. R. Civ. P. 41(b) exception); cf. Hassett v. Lemay Bank & Trust Co., 851 F.2d 1127, 1130 (8th Cir. 1988) (state-law claims not explicitly addressed by district court order dismissing all claims must be construed as dismissed without prejudice). Accordingly, we affirm. See 8th Cir. R. 47B. ______________________________ -2- Appellate Case: 11-2533 Page: 2 Date Filed: 02/15/2012 Entry ID: 3880365

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?