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Larry A. Eaton v. William D. Gerdes, 97-2326 (1997)

Court: Court of Appeals for the Eighth Circuit Number: 97-2326 Visitors: 30
Filed: Sep. 16, 1997
Latest Update: Mar. 02, 2020
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 97-2326 _ Larry A. Eaton, * * Appellant, * * Appeal from the United States v. * District Court for the * District of South Dakota. William D. Gerdes, * * [UNPUBLISHED] Appellee. * _ Submitted: September 3, 1997 Filed: September 16, 1997 _ Before FAGG, BOWMAN, and MURPHY, Circuit Judges. PER CURIAM. Larry A. Eaton appeals from the District Court&s1 dismissal of his complaint seeking sanctions against his former attorney, purportedly brou
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                          United States Court of Appeals
                            FOR THE EIGHTH CIRCUIT

                                    ___________

                                    No. 97-2326
                                    ___________

Larry A. Eaton,                          *
                                         *
             Appellant,                  *
                                         * Appeal from the United States
      v.                                 * District Court for the
                                         * District of South Dakota.
William D. Gerdes,                       *
                                         *      [UNPUBLISHED]
             Appellee.                   *
                                    ___________

                           Submitted: September 3, 1997
                            Filed: September 16, 1997
                                   ___________

Before FAGG, BOWMAN, and MURPHY, Circuit Judges.

PER CURIAM.

       Larry A. Eaton appeals from the District Court&s1 dismissal of his complaint
seeking sanctions against his former attorney, purportedly brought under D.S.D. LR
83.2(G)(4). Neither that local rule, nor any other authority, confers standing on a
private party to initiate a disciplinary proceeding. Cf. Mattice v. Meyer, 
353 F.2d 316
,
319 (8th Cir. 1965) (holding neither Federal Rules of Civil Procedure, nor local rules
for District Court of Nebraska, authorizes an individual to bring disbarment action).
Eaton&s complaint of professional misconduct “merely supplied information for the



      1
       The Honorable Richard H. Battey, Chief Judge, United States District Court for
the District of South Dakota.
court&s consideration”; thus he also lacks standing to appeal the District Court&s
decision not to discipline the attorney. See 
id. (cited case
omitted).

      Accordingly, the appeal is dismissed for lack of jurisdiction.

      A true copy.

            Attest:

                CLERK, U. S. COURT OF APPEALS, EIGHTH CIRCUIT.




                                         -2-

Source:  CourtListener

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