Jerry Duwenhoegger v. Nicollet County

U.S. Court of Appeals for the Eighth Circuit

Jerry Duwenhoegger v. Nicollet County

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 22-1364 ___________________________

Jerry Duwenhoegger

lllllllllllllllllllllPlaintiff - Appellant

v.

Nicollet County, Minnesota

lllllllllllllllllllllDefendant - Appellee ____________

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

Submitted: September 13, 2022 Filed: September 26, 2022 [Unpublished] ____________

Before LOKEN, GRUENDER, and BENTON, Circuit Judges. ____________

PER CURIAM.

Jerry Duwenhoegger, who claims to be a foreign sovereign nation immune from criminal prosecution, appeals after the district court1 dismissed his complaint

1 The Honorable Eric C. Tostrud, United States District Judge for the District of Minnesota. as frivolous. Upon careful review, we find the district court did not abuse its discretion in dismissing Duwenhoegger’s complaint. See 28 U.S.C. § 1915(e)(2)(B)(i) (court shall dismiss case at any time if court determines that action is frivolous or malicious); see also Neitzke v. Williams, 490 U.S. 319, 325 (1989) (complaint is frivolous where it lacks arguable basis either in law or in fact). Accordingly, we affirm. See 8th Cir. R. 47B. ______________________________

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Reference

Status
Unpublished