Gerald Tyler v. Secretary Interior Ken Salazar, No. 12-3037 (8th Cir. 2013)
Annotate this CaseCourt Description: Civil case - Equal Access to Justice Act. Denial of motion for attorneys' fees and litigation costs under the Equal Access to Justice Act and the Endangered Species Act affirmed without comment.
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 12-3037 ___________________________ Gerald M. Tyler; Dale K. Lueck lllllllllllllllllllll Appellants v. Secretary Interior K Salazar, in his official capacity as Secretary of the Interior; United States Fish and Wildlife Service; Rowan Gould, in his official capacity as Acting Director, United States Fish and Wildlife Service lllllllllllllllllllll Appellees ____________ Appeal from United States District Court for the District of Minnesota - Minneapolis ____________ Submitted: April 24, 2013 Filed: April 30, 2013 [Unpublished] ____________ Before BYE, ARNOLD, and SHEPHERD, Circuit Judges. ____________ PER CURIAM. Gerald Tyler and Dale Lueck appeal the district court s1 denial of their motion for attorneys fees and litigation costs under the Equal Access to Justice Act, 28 U.S.C. § 2412(d), and the Endangered Species Act, 16 U.S.C. § 1540(g)(4). After careful review of the record, see Jenkins v. Missouri, 127 F.3d 709, 713 (8th Cir. 1997) (standard of review), and having considered the parties submissions on appeal, we agree with the district court that appellants are not entitled to the relief they sought, for the reasons explained by the district court. Accordingly, we affirm. See 8th Cir. R. 47B. ______________________________ 1 The Honorable Joan N. Ericksen, United States District Judge for the District of Minnesota, adopting the report and recommendations of the Honorable Leo I. Brisbois, United States Magistrate Judge for the District of Minnesota. -2-
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