James Wolfbauer v. Ocwen Loan Servicing, LLC

• Court: Court of Appeals for the Eighth Circuit
• Decided: February 26, 2020
• Docket: 19-2672
• Status: Unpublished

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 19-2672 ___________________________

James Wolfbauer

lllllllllllllllllllllPlaintiff - Appellant

v.

Ocwen Loan Servicing, LLC, a Delaware Limited Liability Company

lllllllllllllllllllllDefendant - Appellee

Kozeny & McCubbin, The Law Firm of; Does, 1 through 10, Inclusive

lllllllllllllllllllllDefendants ____________

Appeal from United States District Court for the District of Nebraska - Omaha ____________

Submitted: February 21, 2020 Filed: February 26, 2020 [Unpublished] ____________

Before GRUENDER, WOLLMAN, and STRAS, Circuit Judges. ____________

PER CURIAM.

James Wolfbauer appeals the district court’s1 dismissal of his pro se civil action. Our de novo review of the record satisfies us that dismissal was proper

1 The Honorable John M. Gerrard, Chief Judge, United States District Court for the District of Nebraska. because Wolfbauer’s claim that defendants violated Neb. Rev. Stat. § 76-1008 was barred by res judicata. See Laase v. Cty. of Isanti, 638 F.3d 853, 856 (8th Cir. 2011) (standard of review); see also Elbert v. Carter, 903 F.3d 779, 782 (8th Cir. 2018) (res judicata applies when there is (1) final judgment on merits in first action, (2) privity of parties between actions, and (3) identity of claims between actions; claims are identical when they arise out of same nucleus of operative fact or are based upon same factual predicate). The judgment is affirmed. See 8th Cir. R. 47B. ______________________________

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