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34 F.3d 1070

Docket No. 94-1041.

James S. Murphy v. David N. Gladhart

Eighth Circuit Court of Appeals

Submitted: September 6, 1994. Filed: September 9, 1994.

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Eighth Circuit Court of Appeals · decided 1994-09-09

Applies 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))

Relies on Federal Land Bank of St. Louis v. Cupples Bros. · McIver v. Shalala · General Electric Co. v. Lehnen

Opinion by Per Curiam · Decided 1994-09-09

NOTICE: Eighth Circuit Rule 28A(k) governs citation of unpublished opinions and provides that no party may cite an opinion not intended for publication unless the cases are related by identity between the parties or the causes of action.

Before McMILLIAN, FAGG, and BOWMAN, Circuit Judges.

PER CURIAM.

¶1

Missouri inmate James S. Murphy appeals the denial of his "motion to reconsider" after the district court's adverse grant of summary judgment in Murphy's 42 U.S.C. Sec. 1983 action. Construing Murphy's motion to reconsider as a motion brought under Federal Rule of Civil Procedure 60(b), we conclude the district court did not abuse its discretion in denying the motion. See General Elec. Co. v. Lehnen, 974 F.2d 66, 67 (8th Cir. 1992). Murphy's appeal from the denial of his Rule 60(b) motion does not raise the merits of the underlying summary judgment. See Federal Land Bank of St. Louis v. Cupples Bros., 889 F.2d 764, 767 (8th Cir. 1989). We decline to appoint counsel for the appeal.

¶2

Accordingly, we affirm.

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