Norman Banks v. AmerenUE, et al, No. 07-3367 (8th Cir. 2009)
Annotate this CaseCourt Description: Civil case. Dismissal of claims for fraud and unpaid wages affirmed without comment.
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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 07-3367 ___________ Norman Banks, Appellant, v. AmerenUE; Craig Sherrill, Appellees. * * * * Appeal from the United States * District Court for the * Eastern District of Missouri. * * [UNPUBLISHED] * ___________ Submitted: January 6, 2009 Filed: February 25, 2009 ___________ Before WOLLMAN, MURPHY, and MELLOY, Circuit Judges. ___________ PER CURIAM. Norman Banks appeals the district court s1 dismissal of his claims for fraud and unpaid wages. After careful de novo review, see Schaaf v. Residential Funding Corp., 517 F.3d 544, 549 (8th Cir.), cert. denied, 129 S. Ct. 222 (2008), we conclude that Banks s claims are barred by res judicata, see Phipps v. FDIC, 417 F.3d 1006, 1010 (8th Cir. 2005) (dismissal may be affirmed on any basis supported by record); United States v. Brekke, 97 F.3d 1043, 1047 (8th Cir. 1996) (factors determining whether res judicata applies); Yankton Sioux Tribe v. U.S. Dep t of Health & Human Servs., 533 1 The Honorable Jean C. Hamilton, United States District Judge for the Eastern District of Missouri. F.3d 634, 639 (8th Cir. 2008) (res judicata applies to issues that party could have raised in prior action). We also reject Banks s arguments for reversal based on the district court s denial of leave to amend his complaint and the denial of his motion for recusal. Accordingly, we affirm, and we deny Banks s pending motion. See 8th Cir. R. 47B. ______________________________ -2-
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