JACOB v. COTTON (2018)

United States Court of Appeals, Eighth Circuit.

David H. JACOB, 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, Defendants-Appellees.

No. 17-3469

Decided: May 24, 2018

Before LOKEN, COLLOTON, and ERICKSON, Circuit Judges.

David H. Jacob, Pro Se

[Unpublished]

David Jacob appeals the district court’s ¹ 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, 287 Neb. 577, 843 N.W.2d 812, 816-17 (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.

FOOTNOTES

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

PER CURIAM.

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