J. M. Crump-Donahue v. United States, No. 06-1320 (8th Cir. 2006)

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Court Description: Civil case - Federal Tort Claims Act. District court did not err in dismissing FTCA suit on the ground it was barred by res judicata.

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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 06-1320 ___________ Juanita M. Crump-Donahue, Appellant, v. United States of America, Appellee. * * * * Appeal from the United States * District Court for the * Eastern District of Arkansas. * * [UNPUBLISHED] * ___________ Submitted: October 6, 2006 Filed: October 12, 2006 ___________ Before MURPHY, BYE, and MELLOY, Circuit Judges. ___________ PER CURIAM. Juanita Crump-Donahue appeals the district court s1 preservice dismissal of her suit under the Federal Tort Claims Act. After de novo review, see Moore v. Sims, 200 F.3d 1170, 1171 (8th Cir. 2000) (per curiam) (standard of review), we agree with the district court that Crump-Donahue s suit is barred by res judicata, see Daley v. Marriott Int l, Inc., 415 F.3d 889, 895-96 (8th Cir. 2005) (under doctrine of res judicata, judgment on merits in prior suit bars second suit involving same parties or their privies based on same cause of action). We also deny her appellate motions. 1 The Honorable William R. Wilson, Jr., United States District Judge for the Eastern District of Arkansas. Accordingly, we affirm. See 8th Cir. R. 47B. ______________________________ -2-

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