Derrick Howard v. Bank of America

Filing

PER CURIAM OPINION FILED - THE COURT: Diana E. Murphy, Morris S. Arnold and Lavenski R. Smith (UNPUBLISHED) [3984701] [11-2296]

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 11-2296
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Derrick D. Howard
lllllllllllllllllllll Plaintiff - Appellant
v.
Bank of America, N.A. as successor by merger to Lasalle Bank National
Association, as Trustee for Certificate Holders of Bear Stearns Asset Backed
Securities 1 LLC, Asset Backed Certificates, Series 2005-HE3 c/o EMC Mortgage
Corporation
lllllllllllllllllllll Defendant - Appellee
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Appeal from United States District Court
for the Eastern District of Missouri - St. Louis
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Submitted: December 11, 2012
Filed: December 14, 2012
[Unpublished]
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Before MURPHY, ARNOLD, and SMITH, Circuit Judges.
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PER CURIAM.

Appellate Case: 11-2296

Page: 1

Date Filed: 12/14/2012 Entry ID: 3984701

Derrick Howard appeals the district court’s1 dismissal of his civil complaint.
Having carefully reviewed the record, we agree with the district court that Howard’s
complaint was barred by res judicata, based on a judgment rendered in Missouri court
in a prior legal proceeding between the same parties, and involving the same matter
that was the subject of the instant complaint. See C.H. Robinson Worldwide, Inc. v.
Lobrano, 695 F.3d 758, 764 (8th Cir. 2012) (law of forum that rendered first
judgment controls res judicata analysis); Niere v. St. Louis Cnty., Mo., 305 F.3d 834,
837 (8th Cir. 2002) (per curiam) (elements of res judicata under Missouri law); Vogt
v. Emmons, 158 S.W.3d 243, 247 (Mo. Ct. App. 2005) (res judicata renders judgment
conclusive between same parties as to all issues that might have been litigated).
Accordingly, we affirm. See 8th Cir. R. 47B.
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1

The Honorable Catherine D. Perry, Chief Judge, United States District Court
for the Eastern District of Missouri.
-2-

Appellate Case: 11-2296

Page: 2

Date Filed: 12/14/2012 Entry ID: 3984701