Raphael Mendez v. FMC Minnesota

U.S. Court of Appeals for the Eighth Circuit

Raphael Mendez v. FMC Minnesota

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 17-2438 ___________________________

Raphael Mendez

lllllllllllllllllllll Plaintiff - Appellant

v.

FMC Minnesota; Lt. Holbus, (SHU); Officer Kepp; Eberle, Reporting Employee; A. Culberbon, Report Delivering Person; Any Other Unknown Individuals such as the Property R and D Operation

lllllllllllllllllllll Defendants - Appellees ____________

Appeal from United States District Court for the District of Minnesota ____________

Submitted: June 7, 2018 Filed: June 26, 2018 [Unpublished] ____________

Before SHEPHERD, KELLY, and GRASZ, Circuit Judges. ____________

PER CURIAM. Federal civil detainee Raphael Mendez appeals the district court’s1 adverse grant of summary judgment in his pro se action brought under Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971). Having jurisdiction under 28 U.S.C. § 1291, we affirm.

After careful review of the record and the parties’ arguments on appeal, we conclude, for the reasons stated in the magistrate judge’s Report and Recommendation, that Mendez’s claims failed as a matter of law. See Odom v. Kaizer, 864 F.3d 920, 921 (8th Cir. 2017) (grant of summary judgment is reviewed de novo; summary judgment is proper when there is no genuine issue of material fact and party is entitled to judgment as a matter of law; evidence is viewed, and all reasonable inferences are drawn, in favor of nonmoving party).

The judgment is affirmed. See 8th Cir. R. 47B. ______________________________

1 The Honorable Ann D. Montgomery, United States District Judge for the District of Minnesota, adopting the report and recommendations of the Honorable Becky R. Thorson, United States Magistrate Judge for the District of Minnesota.

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Reference

Status
Unpublished