Leon Carter, III v. Ralph Clark, No. 15-2053 (8th Cir. 2015)

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Court Description: Per Curiam - Before Gruender, Benton and Kelly, Circuit Judges] Civil case. The district court did not err in determining this action was barred by res judicata and collateral estoppel. [ December 14, 2015

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Court for the District of Minnesota - Minneapolis ____________ Submitted: December 14, 2015 Filed: December 15, 2015 [Unpublished] ____________ Before GRUENDER, BENTON, and KELLY, Circuit Judges.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

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