Peter Allan, Sr. v. Dennis Benson, No. 12-2783 (8th Cir. 2013)
Annotate this CaseCourt Description: Civil case - Civil Rights. Denial of Rule 60(b) motion affirmed without comment. [ February 07, 2013
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 12-2783 ___________________________ Peter Allan, Sr. lllllllllllllllllllll Appellant v. Dennis Benson; Scott Sutton; Sharon Barney; Dan Hilleren; Joan Fabian; Joel Korby; Mary Lind Schafer; Sue Creager; Alan Eckert, sued in their individual and official capacities lllllllllllllllllllll Appellees ____________ Appeal from United States District Court for the District of Minnesota - Minneapolis ____________ Submitted: February 7, 2013 Filed: February 8, 2013 [Unpublished] ____________ Before BYE, ARNOLD, and SHEPHERD, Circuit Judges. ____________ PER CURIAM. Peter Allan, Sr., appeals the district court s1 order denying his Fed. R. Civ. P. 60(b) motion in his 42 U.S.C. ยง 1983 action. We find no abuse of discretion in the denial of Rule 60(b) relief, see Swope v. Siegel-Robert, Inc., 243 F.3d 486, 498 (8th Cir. 2001) (district court has broad discretion over whether to grant hearing or make specific findings on Rule 60(b) motion; Rule 60(b) determination will not be overturned absent existence of exceptional circumstances); and we find no merit to Mr. Allan s other arguments for reversal. See 8th Cir. R. 47B. ______________________________ 1 The Honorable Ann D. Montgomery, United States District Judge for the District of Minnesota, adopting the report and recommendations of the Honorable Jeffrey J. Keyes, United States Magistrate Judge for the District of Minnesota. -2-
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