Michael Terrell v. Steven Schwerb, No. 06-2671 (8th Cir. 2007)
Annotate this CaseCourt Description: Civil Case - civil rights. District court's grant of summary judgment to defendants is summarily affirmed. District court did not abuse its discretion in denying Rule 60(b) motion.
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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 06-2671 ___________ Michael Terrell, * * Appellant, * * Appeal from the United States v. * District Court for the * Eastern District of Missouri. Steven Schwerb; Eric Lingard; Michael * Marks, * [UNPUBLISHED] * Appellees. * ___________ Submitted: August 10, 2007 Filed: August 16, 2007 ___________ Before MURPHY, SMITH, and SHEPHERD, Circuit Judges. ___________ PER CURIAM. Michael Terrell appeals the district court s1 adverse grant of summary judgment in his civil rights lawsuit. We agree with the district court that Terrell failed to counter defendants evidence showing their actions did not violate his constitutional rights, see Parks v. City of Horseshoe Bend, Ark., 480 F.3d 837, 839 (8th Cir. 2007) (to survive summary judgment motion, nonmovant must present more than scintilla of evidence and must advance specific facts to create genuine trialworthy issue); 1 The Honorable Jean C. Hamilton, United States District Judge for the Eastern District of Missouri. Johnson v. Blaukat, 453 F.3d 1108, 1112 (8th Cir. 2006) (summary judgment standard of review); and we reject as meritless Terrell s arguments for reversal. Further, to the extent he was attempting to bring criminal charges for kidnaping and abduction, he cannot do so, see Linda R.S. v. Richard D., 410 U.S. 614, 619 (1973). Finally, to the extent he challenges the district court s denial of his Federal Rule of Civil Procedure 60(b) motion, we find no abuse of discretion. See Brooks v. Ferguson-Florissant Sch. Dist., 113 F.3d 903, 905 (8th Cir. 1997) (standard of review). Accordingly, we affirm. See 8th Cir. R. 47B. ______________________________ -2-
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