Kyle Greene v. Candee Gassman, et al


PER CURIAM OPINION FILED - THE COURT: Roger L. Wollman, Michael J. Melloy and Bobby E. Shepherd (UNPUBLISHED) [3966470] [12-1706]

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 12-1706 ___________________________ Kyle Greene lllllllllllllllllllll Plaintiff - Appellant v. Candee S. Gassman; Elizabeth W. Cummins; Eric S. Oelrich; Kristi Stanislawski; Judge Steven E. Drange; Judge Vicki E. Landwehr; Meeker County, Minnesota; Stearns County, Minnesota; Eric Boucher lllllllllllllllllllll Defendants - Appellees ____________ Appeal from United States District Court for the District of Minnesota - Minneapolis ____________ Submitted: October 5, 2012 Filed: October 23, 2012 [Unpublished] ____________ Before WOLLMAN, MELLOY, and SHEPHERD, Circuit Judges. ____________ PER CURIAM. Appellate Case: 12-1706 Page: 1 Date Filed: 10/23/2012 Entry ID: 3966470 In this civil rights action against multiple defendants, Kyle Greene appeals after the district court1 granted motions to dismiss and for summary judgment prior to discovery, and denied Greene’s motions to amend his complaint. Upon careful review of the record and the parties’ arguments on appeal, we agree with the district court’s disposition of the case. See, e.g., Schoelch v. Mitchell, 625 F.3d 1041, 1045 (8th Cir. 2010) (de novo review of grant of summary judgment); Ballard v. Heineman, 548 F.3d 1132, 1136 (8th Cir. 2008) (discovery does not need to be completed before court grants summary judgment); In re NVE Corp. Sec. Litig., 527 F.3d 749, 752 (8th Cir. 2008) (de novo review of denial of motion to amend complaint based on futility); Janis v. Biesheuvel, 428 F.3d 795, 800 (8th Cir. 2005) (purpose of qualified immunity is to avoid subjecting government officials to costs of trial or burdens of broad-reaching discovery; unless plaintiff’s allegations state claim for violation of clearly established law, defendant seeking qualified immunity is entitled to dismissal before commencement of discovery). Accordingly, we affirm. See 8th Cir. R. 47B. ______________________________ 1 The Honorable Patrick J. Schiltz, United States District Judge for the District of Minnesota, adopting the report and recommendations of the Honorable Tony N. Leung, United States Magistrate Judge for the District of Minnesota. -2- Appellate Case: 12-1706 Page: 2 Date Filed: 10/23/2012 Entry ID: 3966470

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