United States v. Miguel Angel Chavez

United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 10-2108
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Cesar De La Garza, *
*
Appellant, *
* Appeal from the United States
v. * District Court for the
* District of Minnesota.
Joan Fabian; Erik Skon; *
Jessica Symmes; Mark Thielen; * [UNPUBLISHED]
Lacie Stevenson; Lynn Dingle; *
Jane Norman, sued in their *
individual and official capacities, *
*
Appellees. *
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Submitted: October 19, 2010
Filed: October 27, 2010
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Before BYE, BOWMAN, and COLLOTON, Circuit Judges.
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PER CURIAM.
Inmate Cesar De La Garza appeals following the district court’s 1 adverse grant
of summary judgment in his 42 U.S.C. § 1983 action. Having conducted de novo
review of the record, see Mason v. Corr. Med. Servs., Inc., 559 F.3d 880, 884-85 (8th
1The Honorable Richard H. Kyle, United States District Judge for the District
of Minnesota, adopting the report and recommendations of the Honorable Jeanne J.
Graham, United States Magistrate Judge for the District of Minnesota.

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Cir. 2009) (summary judgment standard of review), and having carefully considered
De La Garza’s multiple arguments for reversal, we affirm. Specifically, we agree with
the district court’s reasons for concluding that no trialworthy issues existed as to any
of the substantive claims raised by De La Garza. We also find that the court did not
abuse its discretion in declining to appoint counsel, in denying certain discovery, in
refusing to extend the deadline for discovery or for De La Garza’s response to the
pending summary judgment motion, and in denying his motion for recusal.
Accordingly, we affirm. See 8th Cir. R. 47B.
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