Richard P. Landers v. Natl. RR Passenger

1 The Honorable Donald J. Stohr, United States District Judge for the Eastern
District of Missouri.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 03-1317
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John Cutts; Dionne Cutts, *
*
Appellants, *
* Appeal from the United States
v. * District Court for the
* Eastern District of Missouri.
Lincoln Finance Company; County *
of St. Louis, Missouri; Schweig * [UNPUBLISHED]
Engel Corporation; Able Locksmiths, *
*
Appellees. *
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Submitted: June 18, 2003
Filed: September 30, 2003
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Before MORRIS SHEPPARD ARNOLD, BYE, and RILEY, Circuit Judges.
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PER CURIAM.
John and Dionne Cutts (Cutts) appeal the district court’s1 adverse grant of
summary judgment, and the subsequent denial of Federal Rule of Civil Procedure
60(b) relief, in their 42 U.S.C. § 1983 action. Upon careful de novo review of the
record, we conclude the district court properly dismissed all defendants for the
reasons explained by the district court. We further find (1) any error in the district

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court’s mootness dismissal of the Cutts’s summary judgment motion was harmless;
(2) Cutts requested dismissal of their motion for direct answers and sanctions, and
thus cannot complain that the district court did not grant sanctions; and (3) the district
court did not abuse its discretion in denying Rule 60(b) relief. See Swope v. Siegel-
Robert, Inc., 243 F.3d 486, 498 (8th Cir.), cert. denied, 534 U.S. 887 (2001).
Finally, Cutts’s remaining arguments are raised for the first time on appeal,
including first in their reply brief. Thus, we find these matters are not properly before
us.
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