U.S. Court of Appeals for the Eighth Circuit, 2010

Burke v. North Dakota Department of Corrections & Rehabilitation

Burke v. North Dakota Department of Corrections & Rehabilitation
U.S. Court of Appeals for the Eighth Circuit · Decided April 12, 2010 · Melloy, Bowman, Smith
371 F. App'x 713

Burke v. North Dakota Department of Corrections & Rehabilitation

Opinion

PER CURIAM.

Dale J. Burke appeals the district court’s 1 adverse grant of summary judgment in his 42 U.S.C. § 1983 action. We dismiss the appeal because Burke’s brief completely fails to meet the requirements of Federal Rule of Appellate Procedure 28(a). See Carter v. Lutheran Med. Ctr., 87 F.3d 1025, 1026 (8th Cir. 1996) (per curiam) (dismissing pro se appeal where brief presented no question for court to decide; among other shortfalls, brief did not provide statement of issues presented for review or identify any basis of alleged error by district court); Brown v. Frey, 806 F.2d 801, 804 (8th Cir. 1986) (pro se litigants are not excused from compliance with procedural law); cf. Puckett v. Cook, 864 F.2d 619, 620 n. 2 (8th Cir. 1989) (to extent appellant was challenging dismissal of federal claims, he failed to show precisely and with reference to record why findings were clearly wrong, and this court would not search record for error relative to claims). Accordingly, we dismiss the *714 appeal, and we deny Burke’s pending motion.

1

. The Honorable Daniel L. Hovland, United States District Judge for the District of North Dakota.

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