United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 98-1538 ___________ Larry Dean: Vogt, Private Citizen, * * Appellant, * * v. * * W.J. Fitzgerald, President, Commercial * Federal Bank; William Pfeiffer, * Attorney; Melvin Katskee, Attorney; * Scott Schmidt, Commercial Federal; * Appeal from the United States Donald R. Sievers, First Bank System; * District Court for the Jane H. Prochaska, Judge; W.H. * District of Nebraska.

Jackson, Deputy; Michael Finney, * Executive Editor, Omaha World * [UNPUBLISHED] Herald; Bill Strausburg, CEO, First * Bank; Kelle Jayne Westland, Attorney; * Thomas F. Hoarty, Jr.; J.A. Ostrowski, * Trustee; Timothy F. Dunning, Sheriff; * Greg Clemens, Deputy Sheriff; * Lawrence E. Barrett, Judge; Steven * O&Connor, * * Appellees. * ___________ Submitted: July 21, 1998 Filed: July 27, 1998 ___________ Before WOLLMAN, HANSEN, and MURPHY, Circuit Judges. ___________ PER CURIAM.

& 1 order granting defendants ate motions to dismiss his action. Having carefully reviewed the record and the rties submissions on appeal, we conclude that dismissal was appropriate and w affirm on the basis of the district court s opinion. 8th Cir. R. 47B.

& itutionally nt right to a jury trial, , 911 is not erroneous recluding a jury trial”), , 499 (1991); and that the magistrate judge § 636(b)(1)(A) (judge may designate magistrate judge to hear a before ourt except, among others, motion to dismiss for failure to state claim upo which lief may be granted). Finally, we deny Vogt s request for initial en ban review.

A true copy.

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

Honorable William G. Cambridge, Chief Judge, United States District Court for the District of Nebraska.

H e District of Nebraska.