Jerrold Ryan Kemmer v. Beltrami County, et al, No. 09-2239 (8th Cir. 2010)

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Court Description: Civil case - civil rights. Defendants' summary judgment affirmed without comment.

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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 09-2239 ___________ Jerrold Ryan Kemmer, Appellant, v. Beltrami County; Beltrami County Sheriff's Department, a municipal corporation; Scott H. Hinners, individually and in his capacity as Investigator for the Beltrami County Sheriff's Department; Lee Anderson; Brian Ball, individually and in his capacity as Investigator for the Beltrami County Sheriff's Department; Sam Lundquist, individually and in his capacity as Investigator for the Beltrami County Sheriff's Department; Danelle Haugen, individually and in her capacity as Investigator for the Beltrami County Sheriff's Department, Appellees. * * * * * * * Appeal from the United States * District Court for the * District of Minnesota. * * [UNPUBLISHED] * * * * * * * * * * * * ___________ Submitted: March 25, 2010 Filed: March 31, 2010 ___________ Before WOLLMAN, COLLOTON, and GRUENDER, Circuit Judges. ___________ PER CURIAM. Jerrold Kemmer appeals the district court s1 order granting defendants summary judgment and denying Kemmer s Federal Rule of Civil Procedure 56(f) motion for a continuance in his pro se 42 U.S.C. ยง 1983 action. Following careful de novo review, see Sheets v. Butera, 389 F.3d 772, 776 (8th Cir. 2004), we conclude that the district court properly granted summary judgment, and we also find no abuse of discretion in the court s denial of Kemmer s request for a continuance, see Rakes v. Life Investors Ins. Co. of Am., 582 F.3d 886, 893 (8th Cir. 2009) (standard of review for denial of Rule 56(f) motion). Accordingly, we affirm. See 8th Cir. R. 47B. ______________________________ 1 The Honorable Patrick J. Schiltz, United States District Judge for the District of Minnesota, adopting the report and recommendations of the Honorable Raymond L. Erickson, United States Magistrate Judge for the District of Minnesota. -2-

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