Anthony Rizzuti v. Linda Sanders, No. 15-1439 (8th Cir. 2015)
Annotate this CaseCourt Description: Per Curiam - Before Shepherd, Bye and Kelly, Circuit Judges] Civil case - Bivens. Defendants' summary judgment affirmed without comment. [ July 24, 2015
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 15-1439 ___________________________ Anthony Rizzuti lllllllllllllllllllll Plaintiff - Appellant v. Linda Sanders, Warden; Eric Banta, Supervisory Correctional Systems Specialist; Paul M. Laird, Regional Director; Harrell Watts, Administrator lllllllllllllllllllll Defendants - Appellees ____________ Appeal from United States District Court for the Western District of Missouri - Springfield ____________ Submitted: July 22, 2015 Filed: July 27, 2015 [Unpublished] ____________ Before SHEPHERD, BYE, and KELLY, Circuit Judges. ____________ PER CURIAM. Federal inmate Anthony Rizzuti appeals the district court’s1 adverse grant of summary judgment in his action under Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971). Upon careful review of the record and the parties’ arguments on appeal, we conclude that the district court’s summary judgment decision was proper, see Cody v. Weber, 256 F.3d 764, 767 (8th Cir. 2001) (de novo standard of review); see also Thomas v. Corwin, 483 F.3d 516, 526-27 (8th Cir. 2007) (mere allegations, unsupported by specific facts or evidence beyond nonmoving party’s conclusions, are insufficient to withstand summary judgment motion), and we further conclude that the district court did not abuse its discretion in handling discovery matters, see In re Mo. Dep’t of Natural Res., 105 F.3d 434, 435 (8th Cir. 1997) (management of discovery is committed to sound discretion of trial court; scope of review of discovery orders is both narrow and deferential). Accordingly, we affirm. See 8th Cir. R. 47B. ______________________________ 1 The Honorable M. Douglas Harpool, United States District Judge for the Western District of Missouri. -2-
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