United States Court of Appeals For the Eighth Circuit ___________________________

No. 17-3469 ___________________________

David H. Jacob,

lllllllllllllllllllll Plaintiff - Appellant,

v.

Rosalyn Cotton, Chairperson of the Nebraska Board of Parole; Rex Richard, Member of the Nebraska Board of Parole; Randall L. Rehmeier, Member of the Nebraska Board of Parole; Teresa L. Bittinger, Member of the Nebraska Board of Parole; Virgil J. Patlan, Member of the Nebraska Board of Parole,

lllllllllllllllllllll Defendants - Appellees. ____________

Appeal from United States District Court for the District of Nebraska - Omaha ____________

Submitted: May 22, 2018 Filed: May 24, 2018 [Unpublished] ____________

Before LOKEN, COLLOTON, and ERICKSON, Circuit Judges. ____________

PER CURIAM. David Jacob appeals the district court’s1 preservice dismissal of his complaint under 42 U.S.C. § 1983. On de novo review, we conclude that Jacob’s claims are precluded by his previous unsuccessful state declaratory action. See Hara v. Reichert, 843 N.W.2d 812, 816-17 (Neb. 2014). Likewise, we conclude the district court did not abuse its discretion in denying Jacob’s motion under Federal Rule of Civil Procedure 59(e). See United States v. Metro. St. Louis Sewer Dist., 440 F.3d 930, 933 (8th Cir. 2006). Accordingly, we affirm. See 8th Cir. R. 47B. ______________________________

1 The Honorable Richard G. Kopf, United States District Judge for the District of Nebraska.

-2-