Cesar De La Garza v. Joan Fabian

U.S. Court of Appeals for the Eighth Circuit
Cesar De La Garza v. Joan Fabian, 399 F. App'x 134 (8th Cir. 2010)

Cesar De La Garza v. Joan Fabian

Opinion

PER CURIAM.

Inmate Cesar De La Garza appeals following the district court’s 1 adverse grant of summary judgment in his 42 U.S.C. § 1983 action. Having conducted de novo review of the record, see Mason v. Corr. Med. Servs., Inc., 559 F.3d 880, 884-85 (8th Cir. 2009) (summary judgment standard of review), and having carefully considered De La Garza’s multiple arguments for reversal, we affirm. Specifically, we agree with the district court’s reasons for concluding that no trialworthy issues existed as to any of the substantive claims raised by De La Garza. We also find that the court did not abuse its discretion in declining to appoint counsel, in denying certain discovery, in refusing to extend the deadline for discovery or for De La Garza’s response to the pending summary judgment motion, and in denying his motion for recusal. Accordingly, we affirm. See 8th Cir. R. 47B.

1

. The Honorable Richard H. Kyle, United States District Judge for the District of Minnesota, adopting the report and recommendations of the Honorable Jeanne J. Graham, United States Magistrate Judge for the District of Minnesota.

Reference

Full Case Name
Cesar DE LA GARZA, Appellant, v. Joan FABIAN; Erik Skon; Jessica Symmes; Mark Thielen; Lacie Stevenson; Lynn Dingle; Jane Norman, Sued in Their Individual and Official Capacities, Appellees
Status
Unpublished