United States Court of Appeals For the Eighth Circuit ___________________________

No. 18-1849 ___________________________

Rudy Stanko, also known as “Butch,”

lllllllllllllllllllllPlaintiff - Appellant,

v.

South Dakota Highway Patrol; Highway Patrolman Kevin Moser, individually and in his official capacity; Ryan Talley, individually; Monte Droppers, individually and in his official capacity; Defendants 1X through 3X, individually, will be named after discovery,

lllllllllllllllllllllDefendants - Appellees. ____________

Appeal from United States District Court for the District of South Dakota - Rapid City ____________

Submitted: January 17, 2019 Filed: January 28, 2019 [Unpublished] ____________

Before COLLOTON, SHEPHERD, and KOBES, Circuit Judges. ____________

PER CURIAM. Rudy Stanko appeals the district court’s1 dismissal of his civil rights action under Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). Upon de novo review of the record and the parties’ submissions on appeal, we conclude dismissal was proper. We therefore affirm the judgment. See 8th Cir. R. 47B. ______________________________

1 The Honorable Jeffrey L. Viken, Chief Judge, United States District Court for the District of South Dakota.

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