Filed: Oct. 01, 2020
Latest Update: Oct. 01, 2020
Summary: 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: Octob
Summary: 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: Octobe..
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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[Unpublished]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-