United States v. Wade Allen Wheat

United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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Nos. 01-1526/2434
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United States of America, *
*
Appellee, *
*
v. *
*
Lamont D. Hill, * Appeal from the United States
* District Court for the
Appellant, * District of South Dakota.
*
Janet Thompson; Shield Partnership; *
Ross Hill; Jody Hill; Kenneth * [UNPUBLISHED]
Falkenhagen; Asmussen Grain, Inc.; *
Robert Joachim, doing business as *
Joachim Brothers Partnership; Pioneer *
Hi-Breed International, Inc.; Barber *
Farm Service; Keltgen Seed Company; *
Aberdeen Association of Orthopedic *
Surgeons; Sully County, a political *
subdivision of the State of South *
Dakota, *
*
Defendants. *
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Submitted: November 29, 2001
Filed: December 14, 2001
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Before BOWMAN, BRIGHT, and LOKEN, Circuit Judges.
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1 The Honorable Charles B. Kornmann, United States District Judge for the
District of South Dakota.
-2-
PER CURIAM.
In these consolidated appeals, Lamont Hill challenges orders of the district
court 1 which confirmed a foreclosure sale (No. 01-1526), and denied relief under
Federal Rule of Civil Procedure 60(b), denied his recusal motion, and imposed
sanctions under Federal Rule of Civil Procedure 11 (No. 01-2434).
We dismiss appeal No. 01-1526 as moot. See United States v. Fitzgerald, 109
F.3d 1339, 1342 (8 th Cir. 1997) (once foreclosed property is sold to third-party
purchaser, court generally lacks power to craft remedy for debtor; therefore, debtor
who fails to obtain stay of sale has no remedy on appeal and appeal is moot).
As to appeal No. 01-2434, we conclude after careful review of the record that
the district court's rulings were within its discretion. See Brooks v. Ferguson-
Florissant Sch. Dist., 113 F.3d 903, 905 (8 th Cir. 1997) (Rule 60(b) standard of
review); Isakson v. First Nat'l Bank, Sioux Falls, 985 F.2d 984, 986 (8 th Cir. 1993)
(per curiam)(Rule 11 standard of review); United States v. Faul, 748 F.2d 1204, 1211
(8 th Cir. 1984)(recusal standard of review), cert. denied, 472 U.S. 1027 (1985).
Accordingly, we affirm. See 8 th Cir. R. 47B.
A true copy.
Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.

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