8th U.S. Circuit Court of Appeals Digest: Oct. 31, 2019.

Byline: Minnesota Lawyer

Civil Opinions

Civil Practice

Bankruptcy Deadline; Extension

Where appellant challenged the denial of her motion for an extension of time and the dismissal of her bankruptcy appeal for failure to comply with a court-ordered deadline, the denial was not an abuse of discretion, and the judgment is affirmed. Judgment is affirmed.

18-3095 Nora v. Internal Revenue Service, appealed from the District of Minnesota, per curiam.

Civil Rights

Reckless Investigation; Dismissal Order

Where appellant challenged the dismissal of her reckless investigation claim, there was ambiguity as to whether the dismissal order was final for purposes of appeal, so the case is remanded for the clarification of appellate jurisdiction. Remanded.

18-2830 Jones v. Custer County, appealed from the District of Nebraska, per curiam.

Civil Rights

Death Row Inmate; Jurisdiction; Mental Health Experts

Defendant was a death row inmate in the South Dakota State Penitentiary. Defendant had exhausted all direct appeals and applications for state and federal post-conviction relief. On appeal, defendant challenged the District Court's determination that it lacked authority to order South Dakota officials to permit defendant to meet with mental health experts for the purposes of preparing a clemency application.

Where defendant's petition for clemency had been denied and the state court had issued a warrant for defendant's execution, the court lacked authority to intervene in the South Dakota governor's discretion over clemency.

Kelly, J., concurring: "The parties have identified no impediments to Rhines's asking the Governor to allow him access to his mental health experts, either in the course of considering the Board's failure to recommend clemency or in connection with a clemency request made directly to the Governor. It thus appears that Rhines still has an opportunity to seek and obtain relief by means of the State's statutory and/or constitutional framework. For this reason, I concur in the court's judgment." Appeal is dismissed.

18-2376 Rhines v. Young, appealed from U.S. District Court, District of South Dakota, per curiam.

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