United States v. Wade Allen Wheat

1 The Honorable Paul A. Magnuson, United States District Judge for the District
of Minnesota, adopting the report and recommendation of the Honorable Jonathan
Lebedoff, United States Magistrate Judge for the District of Minnesota.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 01-2002
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Audie Lynn Fox, *
*
Appellant, *
* Appeal from the United States
v. * District Court for the
* District of Minnesota.
Sheryl Ramstad Hvass; Frank W. *
Wood, Sued as Frank W. Wood; * [UNPUBLISHED]
Gothriel J. LaFleur, *
*
Appellees. *
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Submitted: October 26, 2001
Filed: December 20, 2001
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Before BOWMAN, BRIGHT, and LOKEN, Circuit Judges.
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PER CURIAM.
Audie Lynn Fox appeals the district court’s1 adverse grant of summary
judgment in his 42 U.S.C. §§ 1983 and 1985 complaint alleging that then-
Commissioner Frank Wood denied him parole in 1995 for purely retaliatory reasons.
Upon de novo review, we agree with the district court that Fox’s complaint is barred

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by a settlement agreement in which Fox relinquished his rights to bring future actions
against past or present Minnesota officers based on events occurring prior to March
1996.
We do not address Fox’s argument that the agreement was invalidated when
the Minnesota Department of Corrections transferred Fox from the St. Cloud
corrections facility to the Stillwater facility. Fox raised this issue for the first time on
appeal. This issue remains unresolved as it was not presented to the district court.
Accordingly, we affirm. See 8th Cir. R. 47B.
A true copy.
Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.

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