## United States Court of Appeals
FOR THE EIGHTH CIRCUIT

___________ No. 09-2630

___________ Eric C. Burgie, *

* Appellant, * * Appeal from the United States v. * District Court for the * Eastern District of Arkansas. Larry Norris, Director, Arkansas * Department of Correction; Grant Harris, * [UNPUBLISHED] Warden, Varner Unit, ADC; Edwin * Brown, Jr., CO-II, Varner Super Max, * ADC; Kim Luckett, Assistant Warden, * Varner Super Max, ADC; Suber, Lt., * Varner Super Max, ADC; Ray Hobbs, * Chief Deputy Director of ADC; * Tiffanye Compton, Grievance * Supervisor; Timmothy Hurst, Assistant * Warden of ADC, *

* Appellees. *

___________ Submitted: March 5, 2010 Filed: March 31, 2010

___________ Before WOLLMAN, COLLOTON, and GRUENDER, Circuit Judges.

___________ PER CURIAM.
In 2007, Arkansas inmate Eric Burg ie filed a 42 U.S.C. § 1983 complaint against several Arkansas Department of Correction employees. In December 2008,1 The Honorable Brian S. M iller, United States District Judge for the Eastern District of Arkansas, adopting the report and recommendations of the Honorable Henry L. Jones, Jr., United States Magistrate Judge for the Eastern District of Arkansas.

-2- Burgie filed through counsel a motion to di smiss the action, indi cating that he had entered into a settlement agreement with defendants. In January 2009, Burgie objected to the motion to dismiss. The district court 1 dismissed the action with prejudice, finding that Burgie knowingly a nd voluntarily entered into the settlement agreement. Burgie appeals, asking that the case be remanded for further proceedings, and arguing that defendants violated a nd undermined the settlement agreement by transferring him to a different unit be fore the agreement became effective.

We conclude that the district court did not clearly err in finding that Burgie had entered into a settlement agreement. See Chaganti & Assocs., P.C. v. Nowotny , 470 F.3d 1215, 1221 (8th Cir. 2006) (s tandard of review). Nothing in the record indicates that Burgie was not competent to enter into the settlement agreement, or that he did not enter into the agreement knowingly and voluntarily. See id. (basic principles of contract law govern existence and enfo rcement of alleged settlement; applying Missouri law to determine whether settlement agreement existed where parties agreed Missouri law governed); City of Dardanelle v. City of Russellville , 277 S.W.3d 562, 565-66 (Ark. 2008) (listing essential elements of contract). To the extent Burgie seeks to avoid the settlement agreement by asserti ng that his early transfer undermined his reasons for entering the agreement, we conclude his ar gument fails. See Bishop v. Bishop , 961 S.W.2d 770, 775 (Ark. Ct. App. 1998) (there can be no rescission of contract on account of mistake of one party only, where other party was not guilty of any fraud, concealment, undue influence, or bad faith, and did not induce or encourage mistake, and will not derive any uncons cionable advantage from enforcement of contract); see also Worthy v. McKesson Corp. , 756 F.2d 1370, 1373 (8th Cir. 1985) (per curiam) (parties to voluntary settlement agreement cannot avoid agreement simply because agreement ultimately proves to be disadvantageous). Further, contrary-3- to Burgie’s argument, we conclude that nothing in the settlement agreement prohibited defendants from transferring him befo re the agreement became effective.

Accordingly, we affirm the dismissal.

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