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David Jacob v. Rosalyn Cotton, 17-3469 (2018)

Court: Court of Appeals for the Eighth Circuit Number: 17-3469 Visitors: 58
Filed: May 24, 2018
Latest Update: Mar. 03, 2020
Summary: United States Court of Appeals For the Eighth Circuit _ No. 17-3469 _ David H. Jacob, lllllllllllllllllllll Plaintiff - Appellant, v. Rosalyn Cotton, Chairperson of the Nebraska Board of Parole; Rex Richard, Member of the Nebraska Board of Parole; Randall L. Rehmeier, Member of the Nebraska Board of Parole; Teresa L. Bittinger, Member of the Nebraska Board of Parole; Virgil J. Patlan, Member of the Nebraska Board of Parole, lllllllllllllllllllll Defendants - Appellees. _ Appeal from United State
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                United States Court of Appeals
                           For the Eighth Circuit
                       ___________________________

                               No. 17-3469
                       ___________________________

                                 David H. Jacob,

                     lllllllllllllllllllll Plaintiff - Appellant,

                                         v.

  Rosalyn Cotton, Chairperson of the Nebraska Board of Parole; Rex Richard,
 Member of the Nebraska Board of Parole; Randall L. Rehmeier, Member of the
Nebraska Board of Parole; Teresa L. Bittinger, Member of the Nebraska Board of
       Parole; Virgil J. Patlan, Member of the Nebraska Board of Parole,

                    lllllllllllllllllllll Defendants - Appellees.
                                     ____________

                   Appeal from United States District Court
                     for the District of Nebraska - Omaha
                                ____________

                            Submitted: May 22, 2018
                              Filed: May 24, 2018
                                 [Unpublished]
                                 ____________

Before LOKEN, COLLOTON, and ERICKSON, Circuit Judges.
                          ____________

PER CURIAM.
       David Jacob appeals the district court’s1 preservice dismissal of his complaint
under 42 U.S.C. § 1983. On de novo review, we conclude that Jacob’s claims are
precluded by his previous unsuccessful state declaratory action. See Hara v.
Reichert, 
843 N.W.2d 812
, 816-17 (Neb. 2014). Likewise, we conclude the district
court did not abuse its discretion in denying Jacob’s motion under Federal Rule of
Civil Procedure 59(e). See United States v. Metro. St. Louis Sewer Dist., 
440 F.3d 930
, 933 (8th Cir. 2006). Accordingly, we affirm. See 8th Cir. R. 47B.
                       ______________________________




      1
      The Honorable Richard G. Kopf, United States District Judge for the District
of Nebraska.

                                         -2-

Source:  CourtListener

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