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Barbara Brown v. John Atwell, 13-1844 (2013)

Court: Court of Appeals for the Eighth Circuit Number: 13-1844 Visitors: 74
Filed: Nov. 12, 2013
Latest Update: Mar. 02, 2020
Summary: United States Court of Appeals For the Eighth Circuit _ No. 13-1844 _ Barbara Brown, lllllllllllllllllllll Plaintiff - Appellant, v. John Atwell; New Prime, Inc., lllllllllllllllllllll Defendants - Appellees. _ Appeal from United States District Court for the Western District of Arkansas - Ft. Smith _ Submitted: September 16, 2013 Filed: November 12, 2013 [Unpublished] _ Before MURPHY, COLLOTON, and GRUENDER, Circuit Judges. _ PER CURIAM. Barbara Brown appeals the district court’s1 dismissal, w
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             United States Court of Appeals
                         For the Eighth Circuit
                     ___________________________

                             No. 13-1844
                     ___________________________

                               Barbara Brown,

                   lllllllllllllllllllll Plaintiff - Appellant,

                                       v.

                       John Atwell; New Prime, Inc.,

                  lllllllllllllllllllll Defendants - Appellees.
                                   ____________

                  Appeal from United States District Court
              for the Western District of Arkansas - Ft. Smith
                              ____________

                      Submitted: September 16, 2013
                        Filed: November 12, 2013
                              [Unpublished]
                              ____________

Before MURPHY, COLLOTON, and GRUENDER, Circuit Judges.
                         ____________
PER CURIAM.

        Barbara Brown appeals the district court’s1 dismissal, with prejudice, of her
complaint arising out of a 2005 motor-vehicle accident, which was the subject of a
lawsuit she brought in Missouri state court in 2007. The district court, adopting the
report and recommendations of the magistrate judge, concluded that Brown’s
complaint was barred under the Rooker-Feldman doctrine, see D.C. Ct. of App. v.
Feldman, 
460 U.S. 462
(1983); Rooker v. Fid. Trust Co., 
263 U.S. 413
(1923), and
that, in any event, it was time-barred. Upon careful de novo review, we agree that the
complaint was barred by the statute of limitations and affirm on that basis. See 8th
Cir. R. 47B.
                         ______________________________




      1
       The Honorable Robert T. Dawson, United States District Judge for the
Western District of Arkansas, adopting the report and recommendations of the
Honorable James R. Marschewski, United States Magistrate Judge for the Western
District of Arkansas.

                                         -2-

Source:  CourtListener

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