Joseph Dixon v. EquiCredit Corp. ( 2003 )

United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 02-2631
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Joseph Dixon, *
*
Appellant, *
* Appeal from the United States
v. * District Court for the
* District of Minnesota.
EquiCredit Corporation; Bank of *
America, suing as Bank of America * [UNPUBLISHED]
Illinois TR, *
*
Appellees. *
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Submitted: November 28, 2003
Filed: December 8, 2003
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Before BYE, BOWMAN, and MELLOY, Circuit Judges.
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PER CURIAM.
Joseph Dixon appeals the district court’s1 adverse grant of summary judgment
in his lawsuit against EquiCredit Corporation and Bank of America Illinois TR,
arising out of a near property foreclosure. We grant Dixon’s motion for review
without a transcript. Having carefully reviewed the record, see Rowe v. Union
1
The Honorable Paul A. Magnuson, United States District Judge for the District
of Minnesota.
Planters Bank of Southeast Mo., 289 F.3d 533, 535 (8th Cir. 2002) (standard of
review), we agree with the district court that Dixon failed to rebut defendants’
evidence so as to create trialworthy issues on the multiple federal and state claims he
raised in his complaint. We also find no abuse of discretion in the district court’s
imposition of sanctions against Dixon. See Ivy v. Kimbrough, 115 F.3d 550, 553 (8th
Cir. 1997) (standard of review). Accordingly, we affirm. See 8th Cir. R. 47B.
BYE, Circuit Judge, concurring in part and dissenting in part.
I would reverse the district court's decision to sanction an
indigent defendant in a foreclosure case, and dissent from
that portion of the majority opinion. I agree with the
majority's opinion in all other respects.
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