Filed: May 27, 1998
Latest Update: Mar. 02, 2020
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 97-4318 _ Heincie John Haller, Trustee of * Eyeco Trust, * * Appellant, * * v. * * Charles P. Hurley, U.S. Department * of Justice, * Appeal from the United States * District Court for the Appellee, * District of South Dakota * John B. Jones, Judge, * [UNPUBLISHED] * Defendant, * * Lyle Swenson, U.S. Marshal; Irvin * N. Hoyt, Bankruptcy Judge; Manuel * * Diaz Saldena, Secretary of Treasury ; * Steven D. Hopkins, Revenue Officer; * Karen
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 97-4318 _ Heincie John Haller, Trustee of * Eyeco Trust, * * Appellant, * * v. * * Charles P. Hurley, U.S. Department * of Justice, * Appeal from the United States * District Court for the Appellee, * District of South Dakota * John B. Jones, Judge, * [UNPUBLISHED] * Defendant, * * Lyle Swenson, U.S. Marshal; Irvin * N. Hoyt, Bankruptcy Judge; Manuel * * Diaz Saldena, Secretary of Treasury ; * Steven D. Hopkins, Revenue Officer; * Karen ..
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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 97-4318 ___________ Heincie John Haller, Trustee of * Eyeco Trust, * * Appellant, * * v. * * Charles P. Hurley, U.S. Department * of Justice, * Appeal from the United States * District Court for the Appellee, * District of South Dakota * John B. Jones, Judge, * [UNPUBLISHED] * Defendant, * * Lyle Swenson, U.S. Marshal; Irvin * N. Hoyt, Bankruptcy Judge; Manuel * * Diaz Saldena, Secretary of Treasury ; * Steven D. Hopkins, Revenue Officer; * Karen Schreier, U.S. Attorney, * * Appellees. * ___________ Submitted: April 21, 1998 Filed: May 27, 1998 ___________ * This is how Haller identified this individual defendant in his pro se complaint. Before McMILLIAN, LOKEN, and MURPHY, Circuit Judges. ___________ PER CURIAM. Heincie John Haller appeals from the final judgment entered in the United States District Court1 for the District of South Dakota granting defendants& motion to dismiss Haller&s complaint for failure to state a claim under Fed. R. Civ. P. 12(b)(6). In his complaint, Haller asserted broadly that defendants violated various “GOD Given” and constitutional rights in connection with a prior judicial proceeding, and he did not elaborate on the factual basis for his claims in opposition to the motion to dismiss. Having carefully reviewed the record and the parties& briefs, we agree with the district court&s conclusion that Haller&s complaint failed to state a claim, and, contrary to Haller&s argument on appeal, he was not entitled to a jury trial. We therefore affirm the judgment of the district court. See 8th Cir. R. 47B. A true copy. Attest: CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT. 1 The Honorable Lawrence L. Piersol, United States District Judge for the District of South Dakota. -2-