Barbara Brown v. John Atwell, No. 13-1844 (8th Cir. 2013)

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Court Description: Civil case. District court did not err in finding plaintiff's complaint arising out of her 2005 motor-vehicle accident was time-barred.

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 13-1844 ___________________________ Barbara Brown, lllllllllllllllllllll Plaintiff - Appellant, v. John Atwell; New Prime, Inc., lllllllllllllllllllll Defendants - Appellees. ____________ Appeal from United States District Court for the Western District of Arkansas - Ft. Smith ____________ Submitted: September 16, 2013 Filed: November 12, 2013 [Unpublished] ____________ Before MURPHY, COLLOTON, and GRUENDER, Circuit Judges. ____________ PER CURIAM. Barbara Brown appeals the district court s1 dismissal, with prejudice, of her complaint arising out of a 2005 motor-vehicle accident, which was the subject of a lawsuit she brought in Missouri state court in 2007. The district court, adopting the report and recommendations of the magistrate judge, concluded that Brown s complaint was barred under the Rooker-Feldman doctrine, see D.C. Ct. of App. v. Feldman, 460 U.S. 462 (1983); Rooker v. Fid. Trust Co., 263 U.S. 413 (1923), and that, in any event, it was time-barred. Upon careful de novo review, we agree that the complaint was barred by the statute of limitations and affirm on that basis. See 8th Cir. R. 47B. ______________________________ 1 The Honorable Robert T. Dawson, United States District Judge for the Western District of Arkansas, adopting the report and recommendations of the Honorable James R. Marschewski, United States Magistrate Judge for the Western District of Arkansas. -2-

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