Ronald Byers v. Edina Couriers, LLC, et al

Filing

PER CURIAM OPINION FILED - THE COURT: DIANA E. MURPHY, MORRIS S. ARNOLD and BOBBY E. SHEPHERD (UNPUBLISHED) [3930968] [12-1214]

United States Court of Appeals
FOR THE EIGHTH CIRCUIT

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No. 12-1214
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Ronald E. Byers, individually and
on behalf of all other similarly
situated persons,

*
*
*
*
Appellant,
*
* Appeal from the United States
v.
* District Court for the
* District of Minnesota.
Edina Couriers, LLC, a Minnesota
*
limited liability company, and Stanley * [UNPUBLISHED]
C. Olsen, Jr., individually and as a
*
member of Edina Couriers, LLC,
*
*
Appellees.
*
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Submitted: June 25, 2012
Filed: July 12, 2012
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Before MURPHY, ARNOLD, and SHEPHERD, Circuit Judges.
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PER CURIAM.
Ronald Byers appeals the district court’s1 dismissal of his complaint and denial
of his post-judgment motion, in his pro se action alleging that defendants filed
fraudulent tax documents with the Internal Revenue Service.
1

The Honorable Paul A. Magnuson, United States District Judge for the District
of Minnesota.

Appellate Case: 12-1214

Page: 1

Date Filed: 07/12/2012 Entry ID: 3930968

Following careful de novo review, we agree with the district court that
dismissal was appropriate, and we find no basis for reversal. See Carlson v. Wiggins,
675 F.3d 1134, 1138 (8th Cir. 2012) (standard of review); see also See Fed. R. Civ.
P. 9(b) (in alleging fraud, party must state with particularity circumstances
constituting fraud); Wellons, Inc. v. T.E. Ibberson Co., 869 F.2d 1166, 1168 (8th Cir.
1989) (describing circumstances in which application of collateral estoppel is
appropriate). We also conclude that the court did not abuse its discretion in denying
Byers’s post-judgment motion. See United States v. Metro. St. Louis Sewer Dist., 440
F.3d 930, 933 (8th Cir. 2006) (standard of review; motions to alter or amend judgment
serve limited function of correcting manifest errors of law or fact or to present newly
discovered evidence). Accordingly, we affirm. See 8th Cir. R. 47B.
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Appellate Case: 12-1214

Page: 2

Date Filed: 07/12/2012 Entry ID: 3930968