Guy Greene v. Tara Osborne-Leivian ( 2021 )

United States Court of Appeals
For the Eighth Circuit
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No. 21-1937
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Guy Greene
lllllllllllllllllllllPlaintiff - Appellant
v.
Tara Osborne-Leivian, Sued in their Individual & Official Capacities, et al.; Kevin
Moser, Sued in their Individual & Official Capacities, et al.; Paul Mayfield, Sued
in their Individual & Official Capacities, et al.; Brian Ninneman, Sued in their
Individual & Official Capacities, et al.; Courtney Jo Menten, Sued in their
Individual & Official Capacities, et al.; Staci Bovin, Sued in their Individual &
Official Capacities, et al.; Jana Brister-Korby, Sued in their Individual & Official
Capacities, et al.; Paul Schnell, Sued in their Individual & Official Capacities, et
al.; Nancy Johnston, Sued in their Individual & Official Capacities, et al.; Andrea
Long, Sued in their Individual and Official Capacities; Jodi Harpstead, Sued in
their Individual and Official Capacities; Ann Linkert, Sued in their Individual and
Official Capacities; Nicole Vaineo, Sued in their Individual and Official
Capacities; Traci Zuk, Sued in their Individual and Official Capacities; Jane Doe,
MSOP - Nurse Practitioner, Sued in their Individual and Official Capacities; Brent
Schmidt, Minnesota Department of Corrections, Parole Agent, Sued in their
Individual and Official Capacities; Zach Gahm, Minnesota Department of
Corrections, Hearings and Release Officer, Sued in their Individual and Official
Capacities; Rebecca Holmes-Larson, Minnesota Department of Corrections,
Executive, Sued in their Individual and Official Capacities; Vicki Janssen, MCF -
Rush City Warden, Sued in their Individual and Official Capacities; Jessica Olson,
MCF - Rush City Health Services Administrator, Sued in their Individual and
Official Capacities; Michelle Saari, MCF - Rush City Behavioral Health
Supervisor, Sued in their Individual and Official Capacities; Dr. Scherer, MCF -
Rush City Clinical Staff, Sued in their Individual and Official Capacities; Jenna
Younkers, MCF - Rush City Clinical Staff, Sued in their Individual and Official
Capacities; Tom Soles, MCF - Rush City Clinical Staff, Sued in their Individual
and Official Capacities; Joshua Kendall, MCF - Rush City Case Manager, Sued in
their Individual and Official Capacities; John Doe, Minnesota Department of
Corrections - OSI, Sued in their Individual and Official Capacities; John Doe,
MCF - Rush City Casemanager, Sued in their Individual and Official Capacities;
John Doe, Parole Agent, Carlton County; John Doe, HRU Officer
lllllllllllllllllllllDefendants - Appellees
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Appeal from United States District Court
for the District of Minnesota
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Submitted: September 30, 2021
Filed: November 4, 2021
[Unpublished]
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Before COLLOTON, GRUENDER, and SHEPHERD, Circuit Judges.
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PER CURIAM.
Guy Greene appeals the district court’s1 dismissal of his 42 U.S.C. § 1983action. Appellee Brent Schmidt has also moved to respond to Greene’s reply brief.
After careful review, we conclude that dismissal was proper for the reasons stated by
the district court, see Braden v. Wal-Mart Stores, Inc., 588 F.3d 585, 591 (8th Cir.
2009) (standard of review), and that the court did not abuse its discretion in denying
Greene appointed counsel, see Patterson v. Kelley, 902 F.3d 845, 849-50 (8th Cir.
2018) (standard of review; noting pro se litigants have no right to counsel in civil
1
The Honorable Eric C. Tostrud, United States District Judge for the District
of Minnesota.
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cases). Accordingly, we affirm, and deny the pending motion as moot. See 8th Cir.
R. 47B.
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