Nicholas Weimer v. Seterus Inc., et al

Filing

PER CURIAM OPINION FILED - THE COURT: Bobby E. Shepherd, Kermit E. Bye and Jane Kelly (UNPUBLISHED) [4281045] [14-3373]

United States Court of Appeals
For the Eighth Circuit
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No. 14-3373
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Nicholas Weimer
lllllllllllllllllllll Plaintiff - Appellant
v.
Seterus Inc.
lllllllllllllllllllll Defendant - Appellee
IBM Lending
lllllllllllllllllllll Defendant
Kozeny & McCubbin
lllllllllllllllllllll Defendant - Appellee
Does 1-10, Inclusive
lllllllllllllllllllll Defendant
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Appeal from United States District Court
for the Western District of Missouri - Springfield
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Submitted: May 28, 2015
Filed: June 2, 2015
[Unpublished]
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Appellate Case: 14-3373

Page: 1

Date Filed: 06/02/2015 Entry ID: 4281045

Before SHEPHERD, BYE, and KELLY, Circuit Judges.
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PER CURIAM.
In this action removed from state court to federal court, Nicholas Weimer
appeals after the district court1 denied his motion for leave to amend his complaint,
granted a motion to dismiss for failure to state a claim, and ruled adversely on crossmotions for summary judgment. After carefully reviewing the record and the parties’
arguments on appeal, we find no basis for reversal. See Harris v. FedEx Nat’l LTL,
Inc., 760 F.3d 780, 786 (8th Cir. 2014) (denial of leave to amend is reviewed for
abuse of discretion); Rochling v. Dep’t of Veterans Affairs, 725 F.3d 927, 930 (8th
Cir. 2013) (dismissal for failure to state claim is reviewed de novo); Humphries v.
Pulaski Cnty. Special Sch. Dist., 580 F.3d 688, 692 (8th Cir. 2009) (decision on
cross-motions for summary judgment is reviewed de novo). Accordingly, we affirm
the judgment. See 8th Cir. R. 47B.
______________________________

1

The Honorable Brian C. Wimes, United States District Judge for the Western
District of Missouri.
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Appellate Case: 14-3373

Page: 2

Date Filed: 06/02/2015 Entry ID: 4281045