Notice: Eighth Circuit Rule 28a(k) Governs Citation of Unpublished Opinions and Provides That They Are Not Precedent and Generally Should Not Be Cited Unless Relevant to Establishing the Doctrines of Res Judicata, Collateral Estoppel, the Law of the Case, or if the Opinion Has Persuasive Value on a Material Issue and No Published Opinion Would Serve As Well, 996 F.2d 1221 (8th Cir. 1985)

Appellants C. Michael Anderson and Peter Hochstein appeal from the order of the magistrate judge¹  dismissing the appellants' procedural due process and Eighth Amendment claims pursuant to Federal Rule of Civil Procedure 52(c), and entering judgment for defendants on appellants' remaining procedural due process claims.

Appellants, prisoners in the Nebraska State Penitentiary, challenged the procedures surrounding the initial decision to place them in disciplinary segregation, the procedures surrounding the decision to keep them in enhanced confinement after their initial period of disciplinary segregation had expired, and the conditions in the disciplinary segregation unit. The magistrate judge granted the prison officials' motion to dismiss the first set of due process claims and the Eighth Amendment claims pursuant to a motion under Rule 52(c) made at the close of plaintiffs' evidence. The magistrate judge entered judgment for defendants on the remaining due process claims at the close of trial.

Appellants claim that the magistrate judge erred in determining that they received sufficient procedural protection surrounding the initial decision to place them in disciplinary segregation, that their continued placement in disciplinary segregation served a legitimate governmental purpose, and that their Eighth Amendment claims are without merit.

Having thoroughly reviewed the briefs and the record, we agree with the magistrate judge that judgment for defendants on all claims was appropriate. As no error of law appears, and as an opinion in this case would have no precedential value, the decision of the magistrate judge is affirmed without opinion. See 8th Cir. R. 47B.