Rudy Stanko, also known as “Butch,” v. South Dakota Highway Patrol

17-2428Court of Appeals for the Eighth CircuitJan 31, 2019

Full text

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 18-1849
___________________________
Rudy Stanko, also known as “Butch,”
lllllllllllllllllllllPlaintiff - Appellant,
v.
South Dakota Highway Patrol; Highway Patrolman Kevin Moser, individually and
in his official capacity; Ryan Talley, individually; Monte Droppers, individually
and in his official capacity; Defendants 1X through 3X, individually, will be
named after discovery,
lllllllllllllllllllllDefendants - Appellees.
____________
Appeal from United States District Court
for the District of South Dakota - Rapid City
____________
Submitted: January 17, 2019
Filed: January 28, 2019
[Unpublished]
____________
Before COLLOTON, SHEPHERD, and KOBES, Circuit Judges.
____________
PER CURIAM.

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Rudy Stanko appeals the district court’s1 dismissal of his civil rights action
under Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). Upon de novo review
of the record and the parties’ submissions on appeal, we conclude dismissal was
proper. We therefore affirm the judgment. See 8th Cir. R. 47B.
______________________________
1The Honorable Jeffrey L. Viken, Chief Judge, United States District Court for
the District of South Dakota.
-2-

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