U.S. Court of Appeals for the Eighth Circuit, 2013

Gerald Tyler v. Secretary Interior Ken Salazar

Gerald Tyler v. Secretary Interior Ken Salazar
U.S. Court of Appeals for the Eighth Circuit · Decided April 30, 2013 · Bye, Arnold, Shepherd
504 F. App'x 538

Counsel

Gerald M. Tyler, Ely, MN, pro se., Dale K. Lueck, Aitkin, MN, pro se., Michael R. Eitel, Andrea Gelatt, Thekla Hansen-Young, U.S. Department of Justice, Washington, DC, Friedrich Anson Paul Siekert, Assistant U.S. Attorney, U.S. Attorney’s Office, Minneapolis, MN, for Appellees.

Gerald Tyler v. Secretary Interior Ken Salazar

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Opinion

PER CURIAM.

Gerald Tyler and Dale Lueck appeal the district court’s 1 denial of their motion for attorneys’ fees and litigation costs under the Equal Access to Justice Act, 28 U.S.C. § 2412(d), and the Endangered Species Act, 16 U.S.C. § 1540(g)(4). After careful review of the record, see Jenkins v. Missouri, 127 F.3d 709, 713 (8th Cir. 1997) (standard of review), and having considered the parties’ submissions on appeal, we agree with the district court that appellants are not entitled to the relief they sought, for the reasons explained by the district court.

Accordingly, we affirm. See 8th Cir. R. 47B.

1

. The Honorable Joan N. Ericksen, United States District Judge for the District of Minnesota, adopting the report and recommendations of the Honorable Leo I. Brisbois, United States Magistrate Judge for the District of Minnesota.

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