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 2022-08

Timothy Carroll v. Chris Luebe ( 2022 )


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  •                  United States Court of Appeals
For the Eighth Circuit
___________________________
No. 22-1343
___________________________
Timothy Joseph Carroll,
lllllllllllllllllllllPlaintiff - Appellant,
v.
Chris Luebe; Leon Chapmen; Hunter Lewis; James Johnson; Edgar Olivan; Corey
Black; Julie Batenhorst; Joy Johnson, Nurse; Kain Sparr; Mike Mejstrik; Verlin
Redlinger; Cheryl Heiman; Chris Neuhaus; Ray Winter; Dr. Juvet Che; Andrew
Corbin; Tyler Stender; Kolton Neuhaus,
lllllllllllllllllllllDefendants - Appellees.
____________
Appeal from United States District Court
for the District of Nebraska - Omaha
____________
Submitted: August 22, 2022
Filed: August 25, 2022
[Unpublished]
____________
Before COLLOTON, GRUENDER, and BENTON, Circuit Judges.
____________
PER CURIAM.
Timothy Carroll, an involuntarily committed patient in a sex offender treatment
program at Norfolk Regional Center in Nebraska, appeals an order of the district
court1 dismissing his action brought under
    42 U.S.C. § 1983
    . Upon careful de novo
review, we agree with the district court that the complaint did not sufficiently allege
which, if any, defendants knew there was a substantial risk of serious harm to Carroll,
and did not allege specific facts indicating how the defendants responded
unreasonably to the risk. See Nelson v. Shuffman,
    603 F.3d 439
    , 446-47 & n.3 (8th
Cir. 2010); Keeper v. King,
    130 F.3d 1309
    , 1314 (8th Cir. 1997); Martin v. Sargent,
    780 F.2d 1334
    , 1337 (8th Cir. 1985). We conclude that the district court did not
abuse its discretion in denying Carroll’s post-judgment motion for reconsideration,
as he did not explain why he had not been able to complete the amended complaint
by the extended deadline or otherwise show exceptional circumstances warranting
relief under Fed. R. Civ. P. 59(e). See Alleruzzo v. SuperValu, Inc. (In re SuperValu,
Inc.),
    925 F.3d 955
    , 962 (8th Cir. 2019); Ryan v. Ryan,
    889 F.3d 499
    , 507-08 (8th Cir.
2018). Accordingly, we affirm. See 8th Cir. R. 47B.
______________________________
1
The Honorable John M. Gerrard, United States District Judge for the District
of Nebraska.
-2-