Jay Driesen v. Michael Smith, No. 14-1890 (8th Cir. 2014)
Annotate this CaseCourt Description: Civil case - Civil rights. The district court did not err in dismissing the complaint for lack of subject matter jurisdiction. [ November 26, 2014
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 14-1890 ___________________________ Jay Driesen, Rustic Home Builders LLC lllllllllllllllllllll Plaintiff - Appellant v. Michael J. Smith; Margaret A. Smith; Steven G. Haugaard; Cadwell, Sanford, Deibert & Garry, LLP; Stephen Landon; Brett Lovrien; Michael A. Henderson; James S. Simko; Peter Bendorf; Jim Loup; South Dakota Unified Judicial System; Moody County Clerk; Lillian Relf; Lisa Johnson, Deputy Clerk; David R. Gienapp, Honorable; Tim D. Tucker, Honorable; David Gilbertson, Chief Justice; John K. Konenkamp, Justice; Steven L. Zinter, Justice; Glen A. Severson, Justice; Lori S. Wilbur, Justice; Ruth Kooima; Michael J. Jacobsma; John M. Murray; Iowa Judicial Branch; Don E. Courtney; James D. Scott; Jeffrey L. Poulson, Honorable lllllllllllllllllllll Defendants - Appellees Other Possible Defendants, Unknown at this time lllllllllllllllllllll Defendant Brad Van Heuvelen lllllllllllllllllllll Defendant - Appellee ____________ Appeal from United States District Court for the Northern District of Iowa - Sioux City ____________ Submitted: November 24, 2014 Filed: November 28, 2014 [Unpublished] ____________ Before GRUENDER, BENTON, and KELLY, Circuit Judges. ____________ PER CURIAM. Jay Driesen appeals the district court’s1 dismissal of his civil complaint asserting that his rights were violated in connection with prior state-court proceedings. Upon careful de novo review, we agree with the district court that it lacked subject matter jurisdiction. See Minch Family LLLP v. Buffalo-Red River Watershed Dist., 628 F.3d 960, 965 (8th Cir. 2010) (de novo standard of review). We also conclude that the district court did not abuse its discretion in denying Driesen’s request for leave to amend his complaint. See Horras v. Am. Capital Strategies, Ltd., 729 F.3d 798, 804 (8th Cir. 2013) (district court has considerable discretion to deny post-judgment motion for leave to amend), cert. denied, 134 S. Ct. 1346 (2014). Accordingly, we affirm. See 8th Cir. R. 47B. ______________________________ 1 The Honorable Mark W. Bennett, United States District Judge for the Northern District of Iowa. -2-
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