MCCLEARY v. CITY OF DES MOINES (2018)

United States Court of Appeals, Eighth Circuit.

Jaysen MCCLEARY; Bela Animal Legal Defense and Rescue Plaintiffs-Appellants v. CITY OF DES MOINES; Scott Sanders; Jeffrey Lester; Katharine Massier; Dana Wingert; James Butler; Ryan Mann; Doe, Officer; Thomas Starbuck; Linda Lane; Ann Morgan; Jeff Morgan Defendants-Appellees

No. 17-2375

Decided: July 11, 2018

Before WOLLMAN, BENTON, and KELLY, Circuit Judges.

Jaysen McCleary, Pro Se Jaysen McCleary, Victor, MT, for Plaintiff-Appellant Michelle Mackel-Wiederanders, City Attorney's Office, Legal Department, Des Moines, IA, for Defendants-Appellees City of Des Moines, Scott Sanders, Jeffrey Lester, Katharine Massier, Dana Wingert, James Butler, Ryan Mann, Doe, Officer, Rene Charles Lapierre, William H. Larson, Attorney, Klass Law Firm, Sioux City, IA, for Defendant-Appellee Thomas Starbuck Christina Marie Gonzalez, Roger J. Kuhle, Polk County Attorney's Office, Des Moines, IA, for Defendant-Appellee Linda Lane Stephen E. Doohen, Whitfield & Eddy, Des Moines, IA, for Defendants-Appellees Ann Morgan, Jeff Morgan

[Unpublished]

Plaintiffs Jaysen McCleary and Bela Animal Legal Defense and Rescue appeal after the district court ¹ entered a post-remand order denying their requests for default judgment and for sanctions. Having jurisdiction under 28 U.S.C. § 1291, this court affirms.

This court concludes that the district court did not abuse its discretion in denying plaintiffs’ request for default judgment. See Weitz Co. LLC v. MacKenzie House, LLC, 665 F.3d 970, 977 (8th Cir. 2012) (standard of review); Spirtas Co. v. Nautilus Ins. Co., 715 F.3d 667, 670-71 (8th Cir. 2013) (noting that this court may affirm on any basis supported by record); Johnson v. Dayton Elec. Mfg. Co., 140 F.3d 781, 784 (8th Cir. 1998) (setting forth factors court considers in determining whether to set aside entry of default). The district court did not abuse its discretion in denying plaintiffs’ request for sanctions. See Exec. Air Taxi Corp. v. City of Bismarck, 518 F.3d 562, 570-71 (8th Cir. 2008) (standard of review).

The judgment is affirmed.

FOOTNOTES

1. The Honorable John A. Jarvey, Chief Judge, United States District Court for the Southern District of Iowa.

PER CURIAM.

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