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Case No. 24-0267

David Lee Hering
v.
Iowa Department of Corrections

Appellant

David Lee Hering

Appellee

Iowa Department of Corrections

Attorney for the Appellant

David Hering, self-represented

Attorney for the Appellee

Patrick C. Valencia, Deputy Solicitor General

Court of Appeals

Court of Appeals Opinion

Opinion Number:
24-0267
Date Published:
Mar 19, 2025
Summary

            Appeal from the Iowa District Court for Jones County, Valerie L. Clay, Judge.  AFFIRMED.  Considered by Tabor, C.J., and Ahlers and Sandy, JJ.  Opinion by Sandy, J.  (10 pages)

            David Hering appeals the district court’s ruling dismissing his petition for judicial review.  He claims the district court incorrectly determined that (1) it lacked subject matter jurisdiction over the petition and (2) his petition failed to state claim upon which relief may be granted.  Additionally, he appeals the district court’s ruling denying his motion for sanctions against an attorney for the Iowa Department of Corrections.  OPINION HOLDS: Because we find Hering’s petition fails to state a claim upon which relief may be granted, we affirm.  We also find the district court did not commit an abuse of discretion by denying his motion for sanctions.

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