James Guice v. Denis H. Agniel

United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 03-2623
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James Guice, *
*
Appellant, * Appeal from the United States
* District Court for the Western
v. * District of Missouri.
*
Denis H. Agniel, * [UNPUBLISHED]
*
Appellee. *
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Submitted: December 5, 2003
Filed: December 15, 2003
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Before WOLLMAN, FAGG, and MORRIS SHEPPARD ARNOLD, Circuit Judges.
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PER CURIAM.
James Guice appeals the district court’s* denial of Guice’s Federal Rule of
Civil Procedure 60(b) motion, in which Guice requested the district court reconsider
its order dismissing Guice’s 42 U.S.C. § 1983 action. We conclude the district
court’s denial of Guice’s Rule 60(b) motion was not an abuse of discretion because
*
The Honorable Scott O. Wright, United States District Judge for the Western
District of Missouri, adopting the report and recommendations of the Honorable
William A. Knox, United States Magistrate Judge for the Western District of
Missouri.
Guice failed to demonstrate exceptional circumstances existed to warrant
postjudgment relief. See Arnold v. Wood, 238 F.3d 992, 998 (8th Cir.), cert. denied,
534 U.S. 975 (2001). Accordingly, we affirm. See 8th Cir. R. 47B. We also deny
the pending motions.
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