William W. ZUCK Plaintiff-Appellant v. Mario PEART, Lincoln Correctional Center (LCC) Warden All in their individual capacities and official capacities; Diane Sabatka-Rhine, Former LCC Warden All in their individual capacities and official capacities; Robert Houston, Nebraska Department of Correctional Services (NDCS) Director All in their individual capacities and official capacities; Janet Boyer, LCC Food Service Director All in their individual capacities and official capacities; John Does, Unknown number of John and Jane Does Involved Through the LCC Kitchen All in their individual capacities and official capacities; Jane Does, Unknown number of John and Jane Does Involved Through the LCC Kitchen All in their individual capacities and official capacities; John Does, Unknown number of John and Jane Does Involved Through the NDCS Canteen All in their individual capacities and official capacities; Jane Does, Unknown number of John and Jane Does Involved Through the NDCS Canteen All in their individual capacities and official capacities; Charles Glenn, LCC Religious Coordinator All in their individual capacities and official capacities; John Does, Unknown number of John and Jane Does Involved in the NDCS Religious Study Committee All in their individual capacities and official capacities; Jane Does, Unknown number of John and Jane Does Involved in the NDCS Religious Study Committee All in their individual capacities and official capacities; Tanya K. Dana, LCC Unit Manager Mrs. Dana All in their individual capacities and official capacities; Mr. Dorton, Former LCC Case Manager Mr. Dorton All in their individual capacities and official capacities; Salvador Tony Cruz, LCC Unit Manager All in their individual capacities and official capacities, also known as Tony; Robert Madsen, LCC Deputy Warden All in their individual capacities and official capacities; Frank Hopkins, NDCS Deputy Director All in their individual capacities and official capacities; Unknown Doe, Unknown John or Jane Doe for RPH, Director All in their individual capacities and official capacities; Keefe Group, and its affiliated companies All in their individual capacities and official capacities; H.J. Heinz Co., L.P. All in their individual capacities and official capacities; Carriage House Companies, Inc. All in their individual capacities and official capacities; Portion Pac, Inc. All in their individual capacities and official capacities; Unknown Number of Companies, Involved in Food Items Served as Part of the NDCS Religious Diet Program. All in their individual capacities and official capacities; Jon Bruning Defendants-Appellees

United States Court of Appeals for the Eighth Circuit2016-08-08No. No. 15-3553

668 F. App'x 181

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Opinion · public domain

majority opinion

PER CURIAM.

Nebraska inmate William W. Zuck appeals following the district court’s adverse grant of summary judgment in his action under 42 U.S.C. § 1983 and the Religious Land Use and Institutionalized Persons Act. We have considered the district court’s admirably thorough opinions in this case and Mr. Zuck’s arguments- for reversal. We find no error in the 28 U.S.C. § 1915(e)(2)(B) dismissal of some claims, see Moore v. Sims, 200 F.3d 1170, 1171 (8th Cir. 2000) (per curiam) (de novo review); the denial of leave to amend, see Reuter v. Jax Ltd., Inc., 711 F.3d 918, 921 (8th Cir. 2013) (abuse of discretion standard of review); the denial of the discovery-related motions, see Murchison v. Rogers, 779 F.3d 882, 893-94 (8th Cir. 2015) (reviewing denial of motion to compel for gross abuse of discretion); the denial of the motion under Federal Rule of Civil Procedure 56(d), see Anzaldua v. Ne. Ambulance & Fire Prot, Dist., 793 F.3d 822, 836-37 (8th Cir. 2015) (district court has wide discretion in considering Rule 56(d) motion); or the adverse grant of summary judgment, see Murchison, 779 F.3d at 886-87 (reviewing de novo, viewing record in light most favorable to non-movant and drawing all reasonable inferences in non-movant’s favor). The judgment of the district court is affirmed. See 8th Cir. R. 47B.

. The Honorable Richard G. Kopf, United States District Judge for the District of Nebraska.