United States Court of Appeals For the Eighth Circuit ___________________________

No. 22-1318 ___________________________

Neil Dennis Bergeson, Jr., a state citizen,

lllllllllllllllllllllPlaintiff - Appellant,

v.

State of South Dakota; Judge Cullen Parker McNeece; Dylan Kirchmeirier; Jaden Carlson; Zac Angerhofer; Tyler Apple; South Dakota State Bar,

lllllllllllllllllllllDefendants - Appellees. ____________

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

Submitted: June 8, 2022 Filed: June 13, 2022 [Unpublished] ____________

Before LOKEN, COLLOTON, and KELLY, Circuit Judges. ____________ PER CURIAM.

Neil Bergeson appeals a decision of the district court1 granting the motions of several defendants to dismiss in his civil action. We conclude that the district court did not abuse its discretion in allowing tribal officer Jaden Carlson to file a motion to dismiss out of time due to excusable neglect, see Albright ex rel. Doe. v. Mountain Home Sch. Dist., 926 F.3d 942, 951 (8th Cir. 2019), and did not err in dismissing the claims against him based on tribal sovereign immunity, see Levy v. Ohl, 477 F.3d 988, 991 (8th Cir. 2007); Hagen v. Sisseton-Wahpeton Cmty. Coll., 205 F.3d 1040, 1043 (8th Cir. 2000); see also Dry v. United States, 235 F.3d 1249, 1253 (10th Cir. 2000). To the extent Bergeson appeals the dismissal of his claims against the other defendants, we find no basis for reversal. Accordingly, we affirm. See 8th Cir. R. 47B. ______________________________

1 The Honorable Charles B. Kornmann, United States District Judge for the District of South Dakota.

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