FRACTION v. DOUGLAS COUNTY ATTORNEY OFFICE (2020)

United States Court of Appeals, Eighth Circuit.

Bernard FRACTION, Plaintiff-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, Defendants-Appellees.

No. 20-1665

Decided: October 01, 2020

Before COLLOTON, BENTON, and KOBES, Circuit Judges.

Bernard Fraction, Pro Se

[Unpublished]

Bernard Fraction appeals after the district court ¹ 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.

FOOTNOTES

1. The Honorable John M. Gerrard, Chief Judge, United States District Court for the District of Nebraska.

PER CURIAM.

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