Filed 12/1/99 by Clerk of Supreme Court
IN THE SUPREME COURT
STATE OF NORTH DAKOTA
Charles E. Syvertson, Plaintiff and Appellant
v.
Dave Heit, Defendant and Appellee
No. 990201
Appeal from the District Court of Burleigh County, South Central Judicial District, the Honorable Donald L. Jorgensen, Judge.
AFFIRMED.
Per Curiam.
Charles E. Syvertson, pro se, North Dakota State Penitentiary, P.O. Box 5521, Bismarck, N.D. 58506-5521, plaintiff and appellant; submitted on brief.
William G. Peterson, Assistant Attorney General, Attorney General’s Office,
900 East Boulevard Avenue, Bismarck, N.D. 58505-0041, for defendant and appellee; submitted on brief.
Syvertson v. Heit
No. 990201
Per Curiam .
[¶1] Charles E. Syvertson, an inmate at the North Dakota State Penitentiary, brought suit against Dave Heit, a prison guard, contending he was traumatized by Heit uttering obscenities in his presence. The district court dismissed under N.D.R.Civ.P. 12(b)(v). We summarily affirm under N.D.R.App.P. 35.1(a)(1) (“the appeal is frivolous and completely without merit”).
[¶2] Gerald W. VandeWalle, C.J.
Dale V. Sandstrom
Carol Ronning Kapsner
Mary Muehlen Maring
William A. Neumann