Elroy Rogers v. U.S. Department of Agriculture ( 2019 )

United States Court of Appeals
For the Eighth Circuit
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No. 18-2845
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Elroy Rogers
lllllllllllllllllllllPlaintiff - Appellant
v.
United States Department of Agriculture; Minnesota Board of Animal Health;
Diane Sutton; Kris Petrini; Mike Curely; Carl Denkinger; Mike Fier; Kyle
Mooney; Ryan Brunsvold; Mark Mather; Richard Maes; Michelle Dietrich;
Leland Bush; Jeremy Schefers; Beth S. Thompson; Will Wiebe; Johnathan
Fawbush; Michael L. Stine; Steven Just; Leah Hedman
lllllllllllllllllllllDefendants - Appellees
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Appeal from United States District Court
for the District of Minnesota
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Submitted: July 22, 2019
Filed: July 25, 2019
[Unpublished]
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Before COLLOTON, WOLLMAN, and ERICKSON, Circuit Judges.
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PER CURIAM.
Elroy Rogers appeals the district court’s1 grant of defendants’ motions to
dismiss his complaint, which he identified as being brought under the Administrative
Procedures Act. Upon de novo review, we agree with the district court that dismissal
of Rogers’s complaint was warranted. See Compart’s Boar Store, Inc. v. United
States, 829 F.3d 600, 604 (8th Cir. 2016) (dismissal for lack of subject matter
jurisdiction); Topchian v. JPMorgan Chase Bank, N.A., 760 F.3d 843, 848-49 (8th
Cir. 2014) (dismissal for failure to state claim). We conclude that the district court
also did not err in denying Rogers’s motions asserting judicial bias and prejudice.
See Bannister v. Delo, 100 F.3d 610, 614 (8th Cir. 1996) (reviewing for abuse of
discretion whether disqualification is required in particular case). The judgment is
affirmed, see 8th Cir. R. 47B; and Rogers’s appellate motion is denied.
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1
The Honorable Wilhelmina M. Wright, United States District Judge for the
District of Minnesota, adopting the report and recommendations of the Honorable
Franklin L. Noel, United States Magistrate Judge for the District of Minnesota, now
retired.
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