United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 97-2520 ___________ Clifford Scott Eaton, * * Appellant, * * v. * Appeal from the United States * District Court for the Jan Zejdlik; John Plante; County of * District of North Dakota.

Grand Forks, * * [UNPUBLISHED] Appellees. * ___________ Submitted: April 6, 1998 Filed: April 7, 1998 ___________ Before BOWMAN, WOLLMAN, and MORRIS SHEPPARD ARNOLD, Circuit Judges. ___________ PER CURIAM.

Clifford Scott Eaton appeals from the district court&s1 adverse grant of summary judgment in his 42 U.S.C. § 1983 action against Lieutenant John Plante and

The Honorable Rodney S. Webb, Chief Judge, United States District Court for the District of North Dakota, adopting the report and recommendations of the Honorable Karen K. Klein, United States Magistrate Judge for the District of North Dakota.

Administrator Jan Zejdlik of the Grand Forks County Correctional Center, and the County of Grand Forks. Upon review of the record, we conclude that judgment was properly entered in favor of defendants. We reject Mr. Eaton&s claim that the magistrate judge acted improperly, and conclude that neither the magistrate judge nor the district court committed an abuse of discretion by not granting several of Mr. Eaton&s motions. Accordingly, we affirm the judgment of the district court. See 8th Cir. R. 47B.

A true copy.

Attest: CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.

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