Larry Bittick v. Jeremiah Nixon, et al, No. 10-1194 (8th Cir. 2010)
Annotate this CaseCourt Description: Prisoner case - prisoner civil rights. Plaintiff's Section 1983 action is barred by the Rooker-Feldman doctrine.
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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 10-1194 ___________ Larry D. Bittick, Appellant, v. Jeremiah Nixon; Chris Koster, Appellees. * * * Appeal from the United States * District Court for the * Western District of Missouri. * * [UNPUBLISHED] * * ___________ Submitted: June 1, 2010 Filed: June 16, 2010 ___________ Before MELLOY, BOWMAN, and SMITH, Circuit Judges. ___________ PER CURIAM. Missouri inmate Larry D. Bittick appeals from the order of the District Court1 dismissing his 42 U.S.C. § 1983 complaint. Bittick challenged a Missouri state-court judgment that ordered reimbursement for the cost of his care and custody pursuant to the Missouri Incarceration Reimbursement Act (MIRA). He also sought release and return of funds seized from his inmate account pursuant to the MIRA. We have 1 The Honorable Scott O. Wright, United States District Judge for the Western District of Missouri, adopting the report and recommendations of the Honorable William A. Knox, United States Magistrate Judge for the Western District of Missouri. carefully reviewed the record de novo, see Cooper v. Schriro, 189 F.3d 781, 783 (8th Cir. 1999) (per curiam), and we conclude that Bittick s § 1983 action is barred by the Rooker-Feldman2 doctrine, see Skit Int l, Ltd. v. DAC Techs. of Ark., Inc., 487 F.3d 1154, 1156 (8th Cir. 2007) ("The Rooker-Feldman doctrine prohibits lower federal courts from exercising appellate review of state court judgments."), cert. denied, 552 U.S. 991 (2007). Accordingly, we affirm. ______________________________ 2 See Rooker v. Fid. Trust Co., 263 U.S. 413 (1923); D.C. Ct. of Appeals v. Feldman, 460 U.S. 462 (1983). -22
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