Filed: Oct. 14, 2005
Latest Update: Feb. 21, 2020
Summary: F I L E D United States Court of Appeals Tenth Circuit UNITED STATES COURT OF APPEALS October 14, 2005 TENTH CIRCUIT Clerk of Court SEYED A. NAZARINIA, Plaintiff-Appellant, No. 05-4074 v. District of Utah WASHINGTON MUTUAL BANK, (D.C. No. 04-CV-1119-DB) INC., Defendant-Appellee. ORDER AND JUDGMENT * Before SEYMOUR , HARTZ , and McCONNELL , Circuit Judges. In the summer of 1998, Plaintiff-Appellant Seyed Nazarinia took out a home mortgage loan with Defendant-Appellee Washington Mutual Bank. On Ju
Summary: F I L E D United States Court of Appeals Tenth Circuit UNITED STATES COURT OF APPEALS October 14, 2005 TENTH CIRCUIT Clerk of Court SEYED A. NAZARINIA, Plaintiff-Appellant, No. 05-4074 v. District of Utah WASHINGTON MUTUAL BANK, (D.C. No. 04-CV-1119-DB) INC., Defendant-Appellee. ORDER AND JUDGMENT * Before SEYMOUR , HARTZ , and McCONNELL , Circuit Judges. In the summer of 1998, Plaintiff-Appellant Seyed Nazarinia took out a home mortgage loan with Defendant-Appellee Washington Mutual Bank. On Jun..
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F I L E D
United States Court of Appeals
Tenth Circuit
UNITED STATES COURT OF APPEALS
October 14, 2005
TENTH CIRCUIT
Clerk of Court
SEYED A. NAZARINIA,
Plaintiff-Appellant, No. 05-4074
v. District of Utah
WASHINGTON MUTUAL BANK, (D.C. No. 04-CV-1119-DB)
INC.,
Defendant-Appellee.
ORDER AND JUDGMENT *
Before SEYMOUR , HARTZ , and McCONNELL , Circuit Judges.
In the summer of 1998, Plaintiff-Appellant Seyed Nazarinia took out a
home mortgage loan with Defendant-Appellee Washington Mutual Bank. On June
5, 2000, Plaintiff filed a complaint with the Utah Anti-Discrimination and Labor
*
After examining the briefs and appellate record, this panel has determined
unanimously that oral argument would not materially assist in the determination
of this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). This case is
therefore submitted without oral argument. This order and judgment is not
binding precedent, except under the doctrines of law of the case, res judicata, and
collateral estoppel. The court generally disfavors the citation of orders and
judgments; nevertheless, an order and judgment may be cited under the terms and
conditions of 10th Cir. R. 36.3.
Division (“the Division”) alleging discriminatory and predatory practices in
connection with the mortgage transaction, in violation of various state and federal
laws. The Division conducted an evidentiary hearing and issued an order finding
“no reasonable cause” for Plaintiff’s claims. On January 12, 2004, Plaintiff filed
a complaint in the Third District Court of Utah, alleging the same violations. The
state court held a hearing at which Plaintiff appeared, and then dismissed the
complaint on the merits. Plaintiff appealed, and the Third District Court decision
was affirmed by the Utah Court of Appeals, in a memorandum decision dated
November 4, 2004.
Plaintiff filed the instant case in federal court on December 7, 2004. The
district court dismissed the action on res judicata grounds, finding that both
plaintiff and defendant were parties to the state court litigation, that the claims
presented in state court were based on the same financing transactions and the
same statutes as those presented in this case, and that the state court proceeding
ended in a dismissal. See Snyder v. Murray City Corp. ,
73 P.3d 325, 332 (Utah
2003) (setting forth the elements required for res judicata). Plaintiff’s largely
incomprehensible brief in this Court provides no reason to question the district
court’s decision. Because Plaintiff is proceeding pro se, we have liberally
construed his pleadings in compliance with Haines v. Kerner,
404 U.S. 519, 520
(1972), but even so, can detect no meritorious argument. In our legal system,
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litigants are entitled to their day in court, but when they have litigated and lost in
state court, they are not entitled to a do-over in federal court. We therefore
AFFIRM the judgment of the United States District Court for the District of Utah
for the reasons stated in its Order of Dismissal.
Entered for the Court,
Michael W. McConnell
Circuit Judge
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