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05-1467•Thomas Evenstad v. Terry L. Carlson
05-1467Court of Appeals for the Eighth CircuitNov 30, 2006
1The Honorable Arthur J. Boylan, United States Magistrate Judge for the
District of Minnesota, to whom the case was referred for final disposition by consent
of the parties pursuant to 28 U.S.C. § 636(c).
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
___________
No. 05-3979
___________
Timothy Carmine Muccilli, *
*
Appellant, *
* Appeal from the United States
v. * District Court for the
* District of Minnesota.
Joel Bos; Norman J. Loren; Mark *
Mansavage; John K. Carlson, * [UNPUBLISHED]
*
Appellees. *
___________
Submitted: October 31, 2006
Filed: November 2, 2006
___________
Before MURPHY, BYE, and MELLOY, Circuit Judges.
___________
PER CURIAM.
Timothy Muccilli appeals the district court’s1 adverse grant of summary
judgment in his 42 U.S.C. § 1983 lawsuit. Having conducted de novo review, we
conclude that summary judgment was proper. See Lee v. Spellings, 447 F.3d 1087,
1088-89 (8th Cir. 2006) (grant of summary judgment may be affirmed on any basis
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-2-
supported by record); Lommen v. City of East Grand Forks, 97 F.3d 272, 274 (8th Cir.
1996) (standard of review). Accordingly, we affirm.
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