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James E. Horvath v. Don Bourne, 05-2112 (2005)

Court: Court of Appeals for the Eighth Circuit Number: 05-2112 Visitors: 9
Filed: Nov. 07, 2005
Latest Update: Mar. 02, 2020
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 05-2112 _ James E. Horvath, * * Appellant, * * v. * * Appeal from the United States Don Bourne, individually; Judy Duvall, * District Court for the individually; Mary Bradley, * Eastern District of Arkansas. individually; Tish Rehm, individually; * Ashlea Kilburn, individually; William * [UNPUBLISHED] F. Smith, III, individually; Mavis Neal, * individually, * * Appellees. * _ Submitted: September 7, 2005 Filed: November 7, 2005 _ Before
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                     United States Court of Appeals
                           FOR THE EIGHTH CIRCUIT
                                    ___________

                                    No. 05-2112
                                    ___________

James E. Horvath,                        *
                                         *
              Appellant,                 *
                                         *
      v.                                 *
                                         *    Appeal from the United States
Don Bourne, individually; Judy Duvall, *      District Court for the
individually; Mary Bradley,              *    Eastern District of Arkansas.
individually; Tish Rehm, individually; *
Ashlea Kilburn, individually; William *        [UNPUBLISHED]
F. Smith, III, individually; Mavis Neal, *
individually,                            *
                                         *
              Appellees.                 *

                                    ___________

                              Submitted: September 7, 2005
                                 Filed: November 7, 2005
                                  ___________

Before MURPHY, COLLOTON, and BENTON, Circuit Judges.
                          ___________

PER CURIAM.

       James E. Horvath appeals the district court’s1 dismissal of his 42 U.S.C. § 1983
action. After de novo review, see Charchenko v. City of Stillwater, 
47 F.3d 981
, 982-


      1
       The Honorable Susan Webber Wright, United States District Judge for the
Eastern District of Arkansas.
83 (8th Cir. 1995), we affirm because Horvath’s claims were barred either by the
Rooker-Feldman2 doctrine, see Exxon Mobil Corp. v. Saudi Basic Indus. Corp., 
125 S. Ct. 1517
, 1523, 1526 & n.8 (2005) (Rooker-Feldman doctrine recognizes that with
the exception of habeas corpus petitions, 28 U.S.C. § 1331 does not allow district
courts appellate jurisdiction over state-court judgments), or by res judicata, see 
id. at 1527
(federal court has to give same preclusive effect to a state-court judgment as
another court of that State would give); Wells v. Ark. Pub. Serv. Comm’n, 
616 S.W.2d 718
, 719 (Ark. 1981) (elements of res judicata). See 8th Cir. R. 47B.
                        ______________________________




      2
      See Rooker v. Fid. Trust Co., 
263 U.S. 413
(1923); D. C. Court of Appeals v.
Feldman, 
460 U.S. 462
(1983).

                                          -2-

Source:  CourtListener

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