Derrick Howard v. Bank of America

494 F. App'x 721

• Court: Court of Appeals for the Eighth Circuit
• Decided: December 14, 2012
• Docket: 11-2296
• Status: Unpublished

Opinion

PER CURIAM.

Derrick Howard appeals the district court’s 1 dismissal of his civil complaint. Having carefully reviewed the record, we agree with the district court that Howard’s complaint was barred by res judicata, based on a judgment rendered in Missouri court in a prior legal proceeding between the same parties, and involving the same matter that was the subject of the instant complaint. See C.H. Robinson Worldwide, Inc. v. Lobrano, 695 F.3d 758, 764 (8th Cir.2012) (law of forum that rendered first judgment controls res judicata analysis); Mere v. St. Louis Cnty., Mo., 305 F.3d 834, 837 (8th Cir.2002) (per curiam) (elements of res judicata under Missouri law); Vogt v. Emmons, 158 S.W.3d 243, 247 (Mo.Ct.App.2005) (res judicata renders judgment conclusive between same parties as to all issues that might have been litigated).

Accordingly, we affirm. See 8th Cir. R. 47B.

1 . The Honorable Catherine D. Perry, Chief Judge, United States District Court for the Eastern District of Missouri.