John Arnzen, III v. Superintendent John Baldwin, No. 15-2706 (8th Cir. 2016)

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Court Description: Per Curiam - Before Gruender, Benton and Kelly, Circuit Judges] Civil case - Civil Rights. Preservice dismissal of civil detainee's Section 1983 action affirmed without comment. [ January 06, 2016

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 15-2706 ___________________________ John W. Arnzen, III lllllllllllllllllllll Plaintiff - Appellant Cory West; Danny Roe; David Whetstone; Derek Blaise lllllllllllllllllllll Plaintiffs v. Superintendent John R. Baldwin; Gail Huckins; Jill Hubbard; Brad Hoenig; Beth Barnhill; Jim Felker; Leta Hasier; Jeff Crane; Jerry Bartruff; Barry Anderson; Kathy Khommanyvong; Sonya Sellmeyer; Matt Carlson lllllllllllllllllllll Defendants - Appellees ____________ Appeal from United States District Court for the Northern District of Iowa - Sioux City ____________ Submitted: December 30, 2015 Filed: January 7, 2016 [Unpublished] ____________ Before GRUENDER, BENTON, and KELLY, Circuit Judges ____________ PER CURIAM. Iowa civil detainee John W. Arnzen, III appeals the district court’s1 preservice dismissal of his 42 U.S.C. § 1983 action challenging his commitment to the Civil Commitment Unit for Sex Offenders, and arguing he should have been released on supervision. Having jurisdiction under 28 U.S.C. § 1291, this court affirms. This court finds no reversible error upon de novo review. See Moore v. Sims, 200 F.3d 1170, 1171 (8th Cir. 2000) (per curiam). The district court did not abuse its discretion in denying appointed counsel. See Phillips v. Jasper Cty. Jail, 437 F.3d 791, 794 (8th Cir. 2006) (no right to appointed counsel in civil cases). The judgment is affirmed. See 8th Cir. R. 47B. ______________________________ 1 The Honorable Donald E. O’Brien, late a United States District Judge for the Northern District of Iowa. -2-

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