LUNDAHL v. GROSS (2021)

United States Court of Appeals, Eighth Circuit.

Holli LUNDAHL Plaintiff - Appellant v. Julie GROSS, in her Official and Personal Capacities as Director for the State of South Dakota Office of Rural Development; State of South Dakota Office of Rural Development; Craig Steinley; Lance Lockwood, in his Official and Personal Capacities as a Loan Specialist for the State of South Dakota Office of Rural Development Defendants - Appellees

No. 20-2172

Decided: August 27, 2021

Before LOKEN, KELLY, and ERICKSON, Circuit Judges.

Holli Lundahl, Gering, NE, Pro Se. Michaele Sanders Hofmann, U.S. Attorney's Office, Rapid City, SD, for Defendant - Appellee Julie Gross, in her Official and Personal Capacities as Director for the State of South Dakota Office of Rural Development, State of South Dakota Office of Rural Development. Robert James Galbraith, Nooney & Solay, Rapid City, SD, for Defendant - Appellee Craig Steinley, Lance Lockwood, in his Official and Personal Capacities as a Loan Specialist for the State of South Dakota Office of Rural Development.

[Unpublished]

Holli Lundahl appeals the district court's ¹ orders striking her first amended complaint, dismissing her civil action related to a United States Department of Agriculture home loan program, and denying her post-judgment motions.

After careful review of the record and the parties’ arguments on appeal, we conclude that the district court did not abuse its discretion by striking Lundahl's first amended complaint. See United States v. One Parcel of Prop. Located at RR 2, 959 F.2d 101, 104 (8th Cir. 1992) (district court's grant of motion to strike pleadings is reviewed for abuse of discretion). We also conclude that Lundahl's initial complaint was properly dismissed, see Roe v. Nebraska, 861 F.3d 785, 787 (8th Cir. 2017) (dismissals under Fed. R. Civ. P. 12(b)(6) are reviewed de novo); and that the district court acted within its discretion in denying her post-judgment motions, see Innovative Home Health Care, Inc. v. P.T.-O.T. Assocs., 141 F.3d 1284, 1286 (8th Cir. 1998) (denial of motion under Fed. R. C iv. P. 59(e) is reviewed for abuse of discretion). Accordingly, we affirm. See 8th Cir. R. 47B.

FOOTNOTES

1. The Honorable Lawrence L. Piersol, United States District Judge for the District of South Dakota.

PER CURIAM.

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