Lindsey Springer v. Springfield Business Journal ( 2010 )

United States Court of Appeals
FOR THE EIGHTH CIRCUIT
___________
No. 09-1410
___________
Lindsey K. Springer, *
*
Appellant, *
* Appeal from the United States
v. * District Court for the
* Western District of Missouri.
Springfield Business Journal; Martin *
Dingman; Shane Grady, Matt Wagner, * [UNPUBLISHED]
*
Appellees. *
___________
Submitted: January 29, 2010
Filed: February 4, 2010
___________
Before BYE, RILEY, and SHEPHERD, Circuit Judges.
___________
PER CURIAM.
Lindsey Springer appeals the district court’s1 adverse judgment in his diversity
action alleging defamation. After careful review, we find his arguments to be without
merit. See Schaaf v. Residential Funding Corp., 517 F.3d 544, 549 (8th Cir.) (de novo
standard of review for Rule 12(b)(6) dismissal), cert. denied, 129 S. Ct. 222 (2008),
Johnson v. Blauket, 453 F.3d 1108, 1112 (8th Cir. 2006) (de novo standard of review
1
The Honorable Sarah W. Hays, United States Magistrate Judge for the Western
District of Missouri, to whom the case was referred for final disposition by consent
of the parties pursuant to 28 U.S.C. § 636(c).
for summary judgment decision); Pony Computer, Inc. v. Equus Computer Sys. of
Mo., 162 F.3d 991, 996 (8th Cir. 1998) (determination that claim is ripe for summary
judgment is reviewed for abuse of discretion); Perkins v. Spivey, 911 F.2d 22, 28 n.6
(8th Cir. 1990) (noting that otherwise proper ruling is not erroneous merely because
it has incidental effect of precluding jury trial). Accordingly, we affirm. See 8th Cir.
R. 47B.
______________________________
-2-