Marvin Sundquist v. State of Nebraska, No. 16-3814 (8th Cir. 2017)

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Court Description: Per Curiam. Before Wollman, Colloton, and Gruender, Circuit Judges] Civil Case - civil rights. Summary judgment is affirmed without comment. District court did not abuse its discretion in denying motion to amend.

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 16-3814 ___________________________ Marvin Douglas Sundquist lllllllllllllllllllll Plaintiff - Appellant v. State of Nebraska; Nebraska Attorney General’s Office; Ed Vierk, Assistant Nebraska Attorney General; Nebraska Department of Health and Human Services; Ruth Schuldt, Probation Compliance Monitor; Douglas J. Peterson; Courtney Phillips lllllllllllllllllllll Defendants - Appellees ____________ Appeal from United States District Court for the District of Nebraska - Omaha ____________ Submitted: June 28, 2017 Filed: July 12, 2017 [Unpublished] ____________ Before WOLLMAN, COLLOTON, and GRUENDER, Circuit Judges. ____________ PER CURIAM. Marvin Sundquist appeals from the adverse judgment the district court1 entered in his action asserting a deprivation of his rights while he was in the process of seeking, and ultimately obtaining, a license from the State of Nebraska to practice massage therapy. He challenges the denial of a motion to amend his complaint and the adverse grant of summary judgment. We first conclude that the denial of Sundquist’s motion to amend was not an abuse of discretion. See Popoalii v. Corr. Med. Servs., 512 F.3d 488, 497 (8th Cir. 2008) (noting that decisions regarding a plaintiff’s motion to amend its complaint are reviewed for abuse of discretion). We further conclude that summary judgment was appropriately granted for the reasons stated by the district court. See Beaulieu v. Ludeman, 690 F.3d 1017, 1024 (8th Cir. 2012) (explaining that a grant of summary judgment is reviewed de novo, viewing the record in the light most favorable to nonmovant). Accordingly, we affirm. See 8th Cir. R. 47B. ______________________________ 1 The Honorable John M. Gerrard, United States District Judge for the District of Nebraska. -2-

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