Summary
finding district court did not abuse its discretion in denying motion for more definite statement
Summary of this case from Williams v. HowardOpinion
No. 10-2955.
Submitted: January 24, 2011.
Filed: January 28, 2011.
Appeal from the United States District Court for the Eastern District of Arkansas.
Eric C. Burgie, Tucker, AR, pro se.
Shawn J. Johnson, Assistant Attorney General, Attorney General's Office, Little Rock, AR, for Appellees.
Before LOKEN, MURPHY, and COLLOTON, Circuit Judges.
[UNPUBLISHED]
Eric Burgie appeals following the district court's grant of summary judgment in this 42 U.S.C. § 1983 action against state court judges and a clerk.
The Honorable Garnett Thomas Eisele, United States District Judge for the Eastern District of Arkansas.
Having reviewed the record de novo, see Bandy-Bey v. Crist, 578 F.3d 763, 765 (8th Cir. 2009) (per curiam) (standard of review), we conclude that the district court properly dismissed the defendant judges based on absolute judicial immunity, and that the court also properly granted summary judgment to the remaining defendant because there was no evidence from which a jury could find in favor of Burgie on his constitutional claims. Specifically, there is no evidence that Burgie was denied access to the courts to present a nonfrivolous legal claim, that he was treated dissimilarly to similarly situated persons, or that he was denied due process. We also find no abuse of discretion in the denial of leave to amend or in the denial of the motions for recusal and for a more definite statement. Accordingly, we firm. See 8th Cir. R. 47B.