Raymond Semler v. Nancy Johnston, No. 19-3669 (8th Cir. 2020)

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Court Description: [Per Curiam - Before Erickson, Stras and Kobes, Circuit Judges] Civil case - Civil rights. The district court did not err in dismissing this pro se Section 1983 action brought by a plaintiff civilly committed to the Minnesota Sex Offender Program. [ August 26, 2020 ]

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 19-3669 ___________________________ Raymond Leon Semler lllllllllllllllllllllPlaintiff - Appellant v. Nancy Johnston, Executive Director of MSOP, sued in their individual and official capacities; Charlie Hoffman, Vocational Work Program Director, sued in their individual and official capacities; Peter Puffer, Clinical Director, MSOP - Moose Lake, sued in their individual and official capacities; Randy Gordon, Behavior Expectation Hearing Panel, sued in their individual and official capacities; Julie Sajdak, Vocational Programming Supervisor, sued in their individual and official capacities; Paul Christensen, Vocational Programming Supervisor, sued in their individual and official capacities; Kevin Moser, MSOP - Moose Lake Facility Director, sued in their individual and official capacities; Tara Osborne-Leivian lllllllllllllllllllllDefendants - Appellees ____________ Appeal from United States District Court for the District of Minnesota ____________ Submitted: August 24, 2020 Filed: August 27, 2020 [Unpublished] ____________ Before ERICKSON, STRAS, and KOBES, Circuit Judges. ____________ PER CURIAM. Raymond Semler, who is civilly committed to the Minnesota Sex Offender Program, appeals the district court’s1 dismissal of his pro se 42 U.S.C. § 1983 action. Upon careful de novo review, see Waters v. Madson, 921 F.3d 725, 734 (8th Cir. 2019) (standard of review), we find no error in the district court’s well-reasoned decision. We also find no abuse of discretion in the denial of Semler’s motion to recuse the magistrate, see In re Steward, 828 F.3d 672, 681 (8th Cir. 2016) (standard of review). The judgment is affirmed. See 8th Cir. R. 47B. ______________________________ 1 The Honorable Eric C. Tostrud, United States District Judge for the District of Minnesota, adopting the report and recommendations of the Honorable Leo I. Brisbois, United States Magistrate Judge for the District of Minnesota. -2-

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