STANKO v. BOSSELMAN (2019)

United States Court of Appeals, Eighth Circuit.

Rudy Butch STANKO, and Similarly Situated Tax Payers in Sheridan County; Nebraska Beef Packers, Inc., Plaintiffs-Appellants, v. Brandi BOSSELMAN, Individually and in Her Official Capacity as an Officer of Bosselman Pump & Pantry, Inc.; Smith, King, and Simmons, P.C., now known as King, Simmons and Conn; Jamine Simmons, Individually and in Her Official Capacity as a County Attorney and also as a Private Lawyer and Officer of the Smith, King, and Simmons Law Firm, kna King, Simmons and Conn; Aaron Conn, Individually and in His Official Capacity as a Deputy County Attorney and as a Private Lawyer in the Named Law Firm or Office; James McCave, Individually and in His Official Capacity as a Deputy County Attorney and as a Private Lawyer in the Law Office or Firm Representing the Town of Hay Springs, etc.; State of Nebraska, Sheridan County Attorney's Office & Attorney General; Office of Sheridan County Commissioners; Loren Paul, Individually and in His Official Capacity as a Sheridan County Commissioner; Jack Anderson, Individually and in His Official Capacity as a Sheridan County Commissioner; James Krotz, Individually and in His Official Capacity as a Sheridan County Commissioner; Clay Heath, Individually and in His Official Capacity as a Policeman for the City of Gordon, Defendants-Appellees.

No. 18-1828

Decided: January 31, 2019

Before COLLOTON, SHEPHERD, and KOBES, Circuit Judges.

Rudy Butch Stanko, Pro Se Sheila A. Bentzen, Daniel E. Klaus, Rembolt & Ludtke, Lincoln, NE, for Defendant-Appellee Brandi Bosselman Steven W. Olsen, Simmons & Olsen, Scottsbluff, NE, for Defendant-Appellee Smith, King, and Simmons, P.C. Philip O. Cusic, Robert S. Keith, Engles & Ketcham, Omaha, NE, Steven W. Olsen, Simmons & Olsen, Scottsbluff, NE, for Defendants-Appellees Jamine Simmons, Aaron Conn, James McCave Danielle Rowley, Attorney General's Office, Lincoln, NE, for Defendant-Appellee State of Nebraska Philip O. Cusic, Robert S. Keith, Engles & Ketcham, Omaha, NE, for Defendants-Appellees Office of Sheridan County Commissioners, Loren Paul, Jack Anderson, James Krotz, Clay Heath

[Unpublished]

Rudy Stanko and Nebraska Beef Packers, Inc. appeal the district court's ¹ dismissal of this civil rights action under Federal Rules of Civil Procedure 12(b)(1) and (b)(6). Having carefully reviewed the record and the parties’ submissions on appeal, we conclude the district court properly dismissed Stanko's claims. We further conclude that Nebraska Beef Packers, Inc. is not a proper party to this appeal, as it is not represented by counsel, and a corporation may not appear pro se. See United States v. Van Stelton, 988 F.2d 70, 70 (8th Cir. 1993) (per curiam). Accordingly, we affirm. See 8th Cir. R. 47B.

FOOTNOTES

1. The Honorable Joseph F. Bataillon, United States District Judge for the District of Nebraska.

PER CURIAM.

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