Neil Dennis Bergeson, Jr., a state citizen v. State of South Dakota

United States Court of Appeals
For the Eighth Circuit
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No. 22-1318
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Neil Dennis Bergeson, Jr., a state citizen,
lllllllllllllllllllllPlaintiff - Appellant,
v.
State of South Dakota; Judge Cullen Parker McNeece; Dylan Kirchmeirier; Jaden
Carlson; Zac Angerhofer; Tyler Apple; South Dakota State Bar,
lllllllllllllllllllllDefendants - Appellees.
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Appeal from United States District Court
for the District of South Dakota - Northern
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Submitted: June 8, 2022
Filed: June 13, 2022
[Unpublished]
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Before LOKEN, COLLOTON, and KELLY, Circuit Judges.
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PER CURIAM.
Neil Bergeson appeals a decision of the district court1 granting the motions of
several defendants to dismiss in his civil action. We conclude that the district court
did not abuse its discretion in allowing tribal officer Jaden Carlson to file a motion
to dismiss out of time due to excusable neglect, see Albright ex rel. Doe. v. Mountain
Home Sch. Dist., 926 F.3d 942, 951 (8th Cir. 2019), and did not err in dismissing the
claims against him based on tribal sovereign immunity, see Levy v. Ohl, 477 F.3d 988,
991 (8th Cir. 2007); Hagen v. Sisseton-Wahpeton Cmty. Coll., 205 F.3d 1040, 1043
(8th Cir. 2000); see also Dry v. United States, 235 F.3d 1249, 1253 (10th Cir. 2000).
To the extent Bergeson appeals the dismissal of his claims against the other
defendants, we find no basis for reversal. Accordingly, we affirm. See 8th Cir. R.
47B.
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1The Honorable Charles B. Kornmann, United States District Judge for the
District of South Dakota.
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