Ernest F. Walters v. Walter Kautzky
United States Court of Appeals for the Eighth Circuit
November 3, 2003
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 03-1275
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Ernest F. Walters; Chris LeGear; *
Montez D. Shortridge, *
*
Appellants, *
* Appeal from the United States
v. * District Court for the
* Southern District of Iowa.
Walter Kautzky; Michael Savala; Paul *
Muller; John Mathes; Ronald Welder; * [UNPUBLISHED]
Layne M. Lindebak, *
*
Appellees. *
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Submitted: October 30, 2003
Filed: November 3, 2003
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Before BYE, BOWMAN, and MELLOY, Circuit Judges.
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PER CURIAM.
Iowa inmates Ernest Walters, Chris LeGear, and Montez Shortridge appeal the district court's1 adverse grant of summary judgment in their 42 U.S.C. ยง 1983 action. Upon de novo review, see Andersen v. Larson, 327 F.3d 762, 767 (8th Cir. 2003), we agree with the district court that a prior action in Iowa state court bars this federal action under the Iowa doctrine of res judicata. See Migra v. Warren City Sch. Dist. Bd. of Educ., 465 U.S. 75, 81 (1984) (federal court gives state court judgments same preclusive effect judgment would receive under law of rendering state); Arvenick v. Univ. of Minn. Bd. of Regents, 642 N.W.2d 315, 319 (Iowa 2002) (subsequent suit barred where parties in both actions are the same, where claim in second suit could have been fully and fairly adjudicated in first action, and where court in first action rendered final judgment on merits).
Accordingly, we affirm.
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1 The Honorable James E. Gritzner, United States District Judge for the Southern District of Iowa.