Timothy C. Muccilli v. Joel Bos, No. 05-3979 (8th Cir. 2006)

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Court Description: Civil case - civil rights. Defendants' summary judgment affirmed without comment.

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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 05-3979 ___________ Timothy Carmine Muccilli, * * Appellant, * * Appeal from the United States v. * District Court for the * District of Minnesota. Joel Bos; Norman J. Loren; Mark * Mansavage; John K. Carlson, * [UNPUBLISHED] * Appellees. * ___________ Submitted: October 31, 2006 Filed: November 2, 2006 ___________ Before MURPHY, BYE, and MELLOY, Circuit Judges. ___________ PER CURIAM. Timothy Muccilli appeals the district court s1 adverse grant of summary judgment in his 42 U.S.C. § 1983 lawsuit. Having conducted de novo review, we conclude that summary judgment was proper. See Lee v. Spellings, 447 F.3d 1087, 1088-89 (8th Cir. 2006) (grant of summary judgment may be affirmed on any basis 1 The Honorable Arthur J. Boylan, United States Magistrate Judge for the District of Minnesota, to whom the case was referred for final disposition by consent of the parties pursuant to 28 U.S.C. § 636(c). supported by record); Lommen v. City of East Grand Forks, 97 F.3d 272, 274 (8th Cir. 1996) (standard of review). Accordingly, we affirm. ______________________________ -2-

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