Leon Carter, III v. Ralph Clark, et al

Filing

PER CURIAM OPINION FILED - THE COURT: Raymond W. Gruender, Duane Benton and Jane Kelly (UNPUBLISHED) [4346499] [15-2053]

United States Court of Appeals
For the Eighth Circuit
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No. 15-2053
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Leon Henry Carter, III
lllllllllllllllllllll Plaintiff - Appellant
v.
Ralph Clark; Plastech Industries; Plastech Corporation
lllllllllllllllllllll Defendants - Appellees
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Appeal from United States District Court
for the District of Minnesota - Minneapolis
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Submitted: December 14, 2015
Filed: December 15, 2015
[Unpublished]
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Before GRUENDER, BENTON, and KELLY, Circuit Judges.
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PER CURIAM.

Appellate Case: 15-2053

Page: 1

Date Filed: 12/15/2015 Entry ID: 4346499

Leon Carter appeals the district court’s1 dismissal of his action as barred by
collateral estoppel and res judicata. Upon careful review, we conclude that the
dismissal was proper. See Nolles v. State Comm. for Reorg. of Sch. Dists., 524 F.3d
892, 901 (8th Cir. 2008) (res judicata effect of first forum’s judgment is governed by
first forum’s law; de novo standard of review); see also Hauschildt v. Beckingham,
686 N.W.2d 829, 840 (Minn. 2004) (standard for applying res judicata; doctrine
applies not only to every matter which was actually litigated, but also to every matter
which might have been litigated).
Accordingly, we affirm. See 8th Cir. R. 47B.
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1

The Honorable Michael J. Davis, then-Chief Judge, United States District
Court for the District of Minnesota, adopting the report and recommendation of the
Honorable Leo I. Brisbois, United States Magistrate Judge of the District of
Minnesota.
-2-

Appellate Case: 15-2053

Page: 2

Date Filed: 12/15/2015 Entry ID: 4346499