John Corrigan v. D. Dale

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UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:12-mc-00006-CMH-IDD Copies to all parties and the district court/agency. [998902702]. Mailed to: Corrigan. [12-6764]

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Appeal: 12-6764 Doc: 10 Filed: 07/26/2012 Pg: 1 of 3 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-6764 JOHN L. CORRIGAN, Plaintiff - Appellant, v. D. DALE, WSP Trooper; D. BURT, WSP Judge; B. SCUDDER, Deputy Prosecutor, Trooper; A. HILLE, Defendants - Appellees. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Claude M. Hilton, Senior District Judge. (1:12-mc-00006-CMH-IDD) Submitted: July 19, 2012 Decided: July 26, 2012 Before DUNCAN, AGEE, and WYNN, Circuit Judges. Affirmed by unpublished per curiam opinion. John L. Corrigan, Appellant Pro Se. Alexander McDonald Laughlin, WILEY REIN, LLP, McLean, Virginia, for Appellees. Unpublished opinions are not binding precedent in this circuit. Appeal: 12-6764 Doc: 10 Filed: 07/26/2012 Pg: 2 of 3 PER CURIAM: John L. Corrigan filed a self-styled “Motion for Relief from Judgment or Order” in which he moved the district court to declare as void orders of the United States District Court for the Eastern District of Washington granting summary judgment to the Defendants in his civil rights action and awarding Defendants Hille and Scudder $10,822.51 in attorney’s fees. court Corrigan argued in the motion for relief that, as the of district registration court had under the 28 to power U.S.C. grant § 1963 him (2006), relief the from the Eastern District of Washington’s erroneous determination that it was not required to dismiss the action without prejudice based his failure to serve Defendants within the time limit prescribed by Fed. R. Civ. P. 4(m). The district court denied Corrigan’s motion, and he now appeals. We affirm. The substance of Corrigan’s contention in the motion for relief—that the Eastern District of Washington’s orders were void because he failed to serve manner—previously was litigated. the Defendants barred by the a timely Corrigan v. Dale, No. 2:07-cv- 00227-RHW (E.D. Wash. Nov. 21, 2008). therefore in doctrine His claim for relief is of collateral estoppel. See Orca Yachts, L.L.C. v. Mollicam, Inc., 287 F.3d 316, 318 (4th Cir. 2002) (setting forth preclusion and collateral estoppel). 2 the principles of claim Appeal: 12-6764 Doc: 10 Filed: 07/26/2012 Accordingly, we Pg: 3 of 3 affirm the denying Corrigan’s motion for relief. district court’s order We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. AFFIRMED 3

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