Nicholas Weimer v. Seterus Inc., No. 14-3373 (8th Cir. 2015)

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Court Description: Per Curiam - Before Shepherd, Bye and Kelly, Circuit Judges] Civil case. Dismissal affirmed without comment.

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 14-3373 ___________________________ Nicholas Weimer lllllllllllllllllllll Plaintiff - Appellant v. Seterus Inc. lllllllllllllllllllll Defendant - Appellee IBM Lending lllllllllllllllllllll Defendant Kozeny & McCubbin lllllllllllllllllllll Defendant - Appellee Does 1-10, Inclusive lllllllllllllllllllll Defendant ____________ Appeal from United States District Court for the Western District of Missouri - Springfield ____________ Submitted: May 28, 2015 Filed: June 2, 2015 [Unpublished] ____________ Before SHEPHERD, BYE, and KELLY, Circuit Judges. ____________ PER CURIAM. In this action removed from state court to federal court, Nicholas Weimer appeals after the district court1 denied his motion for leave to amend his complaint, granted a motion to dismiss for failure to state a claim, and ruled adversely on crossmotions for summary judgment. After carefully reviewing the record and the parties’ arguments on appeal, we find no basis for reversal. See Harris v. FedEx Nat’l LTL, Inc., 760 F.3d 780, 786 (8th Cir. 2014) (denial of leave to amend is reviewed for abuse of discretion); Rochling v. Dep’t of Veterans Affairs, 725 F.3d 927, 930 (8th Cir. 2013) (dismissal for failure to state claim is reviewed de novo); Humphries v. Pulaski Cnty. Special Sch. Dist., 580 F.3d 688, 692 (8th Cir. 2009) (decision on cross-motions for summary judgment is reviewed de novo). Accordingly, we affirm the judgment. See 8th Cir. R. 47B. ______________________________ 1 The Honorable Brian C. Wimes, United States District Judge for the Western District of Missouri. -2-

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