United States Court of Appeals For the Eighth Circuit ___________________________ No. 23-3048 ___________________________ Frederick Dwayne Spencer Plaintiff - Appellant v. United States Department of Justice; Merrick B. Garland, United States Attorney General Defendants - Appellees ____________ Appeal from United States District Court for the District of Minnesota ____________ Submitted: February 8, 2024 Filed: February 13, 2024 [Unpublished] ____________ Before LOKEN, BENTON, and ERICKSON, Circuit Judges. ____________ PER CURIAM.

Frederick Spencer appeals the district court’s 1 order denying his Fed. R. Civ. P. 59(e) motion to alter or amend the judgment dismissing his complaint for failure

The Honorable John R. Tunheim, United States District Judge for the District of Minnesota. to state a claim. Having jurisdiction under 28 U.S.C. § 1291, this court affirms.

Upon careful consideration of the record and Spencer’s arguments on appeal, this court concludes the district court did not abuse its discretion in denying Rule 59(e) relief. See Miller v. Baker Implement Co., 439 F.3d 407, 414 (8th Cir. 2006).

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

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