United States Court of Appeals
For the Eighth Circuit
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No. 17-3469
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David H. Jacob,
lllllllllllllllllllll Plaintiff - Appellant,
v.
Rosalyn Cotton, Chairperson of the Nebraska Board of Parole; Rex Richard,
Member of the Nebraska Board of Parole; Randall L. Rehmeier, Member of the
Nebraska Board of Parole; Teresa L. Bittinger, Member of the Nebraska Board of
Parole; Virgil J. Patlan, Member of the Nebraska Board of Parole,
lllllllllllllllllllll Defendants - Appellees.
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Appeal from United States District Court
for the District of Nebraska - Omaha
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Submitted: May 22, 2018
Filed: May 24, 2018
[Unpublished]
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Before LOKEN, COLLOTON, and ERICKSON, Circuit Judges.
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PER CURIAM.
David Jacob appeals the district court’s1 preservice dismissal of his complaint
under 42 U.S.C. § 1983. On de novo review, we conclude that Jacob’s claims are
precluded by his previous unsuccessful state declaratory action. See Hara v.
Reichert, 843 N.W.2d 812, 816-17 (Neb. 2014). Likewise, we conclude the district
court did not abuse its discretion in denying Jacob’s motion under Federal Rule of
Civil Procedure 59(e). See United States v. Metro. St. Louis Sewer Dist., 440 F.3d
930, 933 (8th Cir. 2006). Accordingly, we affirm. See 8th Cir. R. 47B.
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1
The Honorable Richard G. Kopf, United States District Judge for the District
of Nebraska.
-2-