Clayton Walker v. Steve Barnett, Sec. of State

U.S. Court of Appeals for the Eighth Circuit

Clayton Walker v. Steve Barnett, Sec. of State

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 20-3199 ___________________________

Clayton Walker

lllllllllllllllllllllPlaintiff - Appellant

v.

Steve Barnett, Secretary of State; Marcia Hultman, Department of Labor

lllllllllllllllllllllDefendants - Appellees

United States of America; Unknown Federal Persons

lllllllllllllllllllllDefendants ____________

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

Submitted: April 7, 2021 Filed: April 12, 2021 [Unpublished] ____________

Before GRUENDER, MELLOY, and KELLY, Circuit Judges. ____________

PER CURIAM. South Dakota resident Clayton Walker appeals the district court’s1 dismissal of his 42 U.S.C. § 1983 action. Having carefully reviewed the record and the parties’ briefs, we conclude that the court did not abuse its discretion in dismissing the complaint for failure to properly serve the defendants. See Mac v. Dillon, 594 F.3d 620, 622 (8th Cir. 2010) (per curiam) (standard of review). We also deny the motion for PACER access as moot. Accordingly, the judgment is affirmed. See 8th Cir. R. 47B. ______________________________

1 The Honorable Karen E. Schreier, United States District Judge for the District of South Dakota.

-2-

Reference

Status
Unpublished