07 Steven M. Jacob v. Robert Houston (8th Cir. 2007)

Federal Circuits, 8th Cir. (July 10, 2007)

Docket number: 06-1740

Not Published
Permanent Link: http://vlex.com/vid/07-steven-m-jacob-v-robert-houston-28878974
Id. vLex: VLEX-28878974

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U.S. Court of Appeals for the 8th Cir. - Jeanette Flannery, Appellant, v. Trans World Airlines, Inc., Appellee., 160 F.3d 425 (8th Cir. 1998)

U.S. Court of Appeals for the 8th Cir. - Joel Whisman, a Minor, Through His Next Friend Michelle Whisman; Michelle Whisman; Michael Whisman; Lynn Whisman, Plaintiffs-Appellees, v. Chuck Rinehart, in His Individual Capacity as Chief Deputy Juvenile Officer of the Thirty-Ninth Judicial Circuit of the State of Missouri; Marla Pursley, in Her Individual Capacity as Social Worker for the Lawrence County Office of the Missouri Division of Family Services; Ruth Cox, in Her Individual Capacity and Officially as Social Worker Supervisor of the Lawrence County Office of the Missouri Division of Family Services; Alfred Blair, in His Individual Capacity and Officially as County Director of the Lawrence County Office of the Missouri Division of Family Services; Bill Jines, in His Individual Capacity and Officially as Chief Juvenile Officer of the Thirty-Ninth Judicial Circuit of the State of Missouri, Defendants-Appellants., 119 F.3d 1303 (8th Cir. 1997)

U.S. Court of Appeals for the 8th Cir. - William J. Federer, Appellant, v. Richard A. Gephardt, Individually; Joyce A. Aboussie, Individually; James A. Larrew, Individually; and John Does, Appellees., 363 F.3d 754 (8th Cir. 2004)

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Text:

United States Court of Appeals

FOR THE EIGHTH CIRCUIT

No. 06-1740

Steven M. Jacob; Dan Meis, Appellants, Appeal from the United States

v. District Court for the

District of Nebraska.

Robert Houston, in his individual and official capacity as Director of the [UNPUBLISHED]

Nebraska Department of Correctional Services; Nebraska Department of Correctional Services, Appellees.

Submitted: July 5, 2007

Filed: July 10, 2007

Before RILEY, MAGILL, and MELLOY, Circuit Judges.

PER CURIAM.

Steven Jacob and Daniel Meis are serving sentences of life imprisonment in Nebraska for first-degree murder. They filed a 42U.S.C. § 1983 complaint, claiming that denying them eligibility for parole violated the Due Process Clause of the Fourteenth Amendment, the Eighth Amendment's prohibition against cruel and unusual punishment, and the Ex Post Facto Clause. The district court1 found plaintiffs had stated no federal claim, dismissed the action under Federal Rule of Civil Procedure 12(b)(6), and later denied plaintiffs' Federal Rule of Civil Procedure 59(e) motion to alter or amend the judgment. Upon de novo review of the dismissal, see Federer v. Gephardt, 363 F.3d 754, 757 (8th Cir. 2004) (standard of review), we agree with the district court that plaintiffs failed to state any federal claim, see Whisman v. Rinehart, 119 F.3d 1303, 1312 (8th Cir. 1997) (alleged violation of state law does not by itself state claim under § 1983). The court also properly refused to enter a default judgment, see Fed. R. Civ. P. 12(a)(4)(A); did not err in substituting Robert Houston for Harold Clarke; and did not abuse its discretion in denying the Rule 59(e) motion, see Flannery v. Trans World Airlines, Inc., 160 F.3d 425, 427-28 (8th Cir. 1998) (standard of review).

Accordingly, we affirm. See 8th Cir. R. 47B. We also deny the pending motion to supplement.

1 The Honorable Joseph F. Bataillon, Chief Judge, United States District Court for the District of Nebraska.