USA v. Tony Gastineau

1The Honorable Richard H. Battey, United States District Judge for the District
of South Dakota.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 05-3849
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Kennith S. Stoehr, *
*
Appellant, *
*
v. * Appeal from the United States
* District Court for the
Tim Reisch, Secretary of Corrections; * District of South Dakota.
Daryl R. Slykhuis, Deputy Warden; *
Doug Weber, Warden, South Dakota * [UNPUBLISHED]
State Penitentiary; Rodney Brockoft, *
Lt. in charge of DHO; South Dakota *
Department of Corrections, *
Appellees. *
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Submitted: February 2, 2007
Filed: February 7, 2007
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Before RILEY, MAGILL, and MELLOY, Circuit Judges.
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PER CURIAM.
Kennith S. Stoehr appeals the adverse grant of summary judgment entered by
the district court 1 in his 42 U.S.C. § 1983 action. Following de novo review, we agree
with the district court that defendants’ uncontroverted evidence showed Stoehr’s due

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process rights were not violated at his prison disciplinary proceedings. We also find
no abuse of discretion in the denial of Stoehr’s motion for counsel. Accordingly, we
affirm the judgment of the district court. See 8th Cir. R. 47B.
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