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:
Date Published:
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.