Bernard Fraction v. Douglas Cty. Attorney's Office, No. 20-1665 (8th Cir. 2020)
Annotate this CaseCourt Description: [Per Curiam - Before Colloton, Benton and Kobes, Circuit Judges] Civil case. Dismissal of complaint affirmed without comment.
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 20-1665 ___________________________ Bernard Fraction, lllllllllllllllllllllPlaintiff - Appellant, v. Douglas County Attorney's Office; Theresia M. Urich; Douglas County Treasurer's Office; John W. Ewing, Jr., Treasurer; Director of Public Properties; Dennis Rookstool; Tim Dolan; Richard G. Kopf, lllllllllllllllllllllDefendants - Appellees. ____________ Appeal from United States District Court for the District of Nebraska - Omaha ____________ Submitted: September 28, 2020 Filed: October 1, 2020 [Unpublished] ____________ Before COLLOTON, BENTON, and KOBES, Circuit Judges. ____________ PER CURIAM. Bernard Fraction appeals after the district court1 dismissed his complaint for lack of subject matter jurisdiction. It is the plaintiff’s burden to establish the district court’s subject matter jurisdiction, and, on appeal, we review its existence de novo. See Newcombe v. United States, 933 F.3d 915, 917 (8th Cir. 2019). On careful review of the record and Fraction’s arguments on appeal, we conclude that the district court properly determined that it lacked subject matter jurisdiction to consider the complaint. The judgment of the district court is affirmed. See 8th Cir. R. 47B. ______________________________ 1 The Honorable John M. Gerrard, Chief Judge, United States District Court for the District of Nebraska. -2-
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