Kyle Greene v. Candee Gassman, et al

Filing

PER CURIAM OPINION FILED - THE COURT: Roger L. Wollman, Michael J. Melloy and Bobby E. Shepherd (UNPUBLISHED) [3966470] [12-1706]

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
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Appeal from United States District Court
for the District of Minnesota - Minneapolis
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Submitted: October 5, 2012
Filed: October 23, 2012
[Unpublished]
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Before WOLLMAN, MELLOY, and SHEPHERD, Circuit Judges.
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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