Tony Nenninger v. United States Forest Service

U.S. Court of Appeals for the Eighth Circuit
Tony Nenninger v. United States Forest Service, 353 F. App'x 80 (8th Cir. 2009)

Tony Nenninger v. United States Forest Service

Opinion

PER CURIAM.

Tony Nenninger appeals from the order of the District Court 1 granting defendants’ motion to dismiss or, in the alternative, for summary judgment in his action under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971), and the court’s subsequent order denying his motion to amend the judgment. Having carefully reviewed the record and Nen-ninger’s arguments, we conclude that the District Court did not err in granting defendants’ motion and did not abuse its discretion in denying Nenninger’s motion to amend. See Franklin v. Local 2 of the Sheet Metal Workers Int’l Ass’n, 565 F.3d 508, 520 (8th Cir. 2009) (noting that order granting summary judgment is reviewed de novo on appeal); Taxi Connection v. Dakota, Minn. & E.R.R. Corp., 513 F.3d 823, 825 (8th Cir. 2008) (noting that order granting motion to dismiss is reviewed de novo on appeal); United States v. Metro. St. Louis Sewer Dist., 440 F.3d 930, 933 (8th Cir. 2006) (noting that order denying motion under Rule 59(e) of the Federal Rules of Civil Procedure is reviewed for clear abuse of discretion on appeal). Accordingly, we affirm. We also deny Nen-ninger’s pending motion to schedule oral argument.

1

. The Honorable Jimm Larry Hendren, Chief Judge, United States District Court for the Western District of Arkansas.

Reference

Full Case Name
Tony NENNINGER, Appellant, v. UNITED STATES FOREST SERVICE; Mark Rey, in Official Capacity as Undersecretary for USDA; Gayle Kimball, in Official Capacity as Chief of Forest Service; Don Palmer, in Official Capacity as FS Special Use Program Manager; John Twiss, Individually and in Official Capacity as FS Chief of Law Enforcement; Gene Smithson, in Official Capacity as FS Incident Commander During Fourth of July Rainbow Gatherings; Ellen Hornstein, Individually and in Official Capacity as FS Legal Counsel; John/Jane Does, Individually and in Official Capacities for FS and/or Other Government Agencies; Officer Kragstadt, Individually and in Official Capacity in FS Law Enforcement; Officer Lampshire, Individually and in Official Capacity in FS Law Enforcement, Appellees
Cited By
1 case
Status
Unpublished