Larry Bittick v. Jeremiah Nixon
This text of 380 F. App'x 559 (Larry Bittick v. Jeremiah Nixon) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Missouri inmate Larry D. Bittick appeals from the order of the District Court 1 dismissing his 42 U.S.C. § 1983 complaint. Bittick challenged a Missouri state-court judgment that ordered reimbursement for the cost of his care and custody pursuant to the Missouri Incarceration Reimbursement Act (MIRA). He also sought release and return of funds seized from his inmate account pursuant to the MIRA. We have carefully reviewed the record de novo, see Cooper v. Schriro, 189 F.3d 781, 783 (8th Cir.1999) (per curiam), and we conclude that Bittick’s § 1983 action is barred by the Rooker-Feldman 2 doctrine, see Skit Int’l, Ltd., v. DAC Techs. of Ark, Inc., 487 F.3d 1154, 1156 (8th Cir.2007) (“The Rooker-Feldman doctrine prohibits lower federal courts from exercising appellate review of state court judgments.”), cert. denied, 552 U.S. 991, 128 S.Ct. 495, 169 L.Ed.2d 340 (2007). Accordingly, we affirm.
. The Honorable Scott O. Wright, United States District Judge for the Western District of Missouri, adopting the report and recommendations of the Honorable William A. Knox, United States Magistrate Judge for the Western District of Missouri.
. See Rooker v. Fid. Trust Co., 263 U.S. 413, 44 S.Ct. 149, 68 L.Ed. 362 (1923); D.C. Ct. of Appeals v. Feldman, 460 U.S. 462, 103 S.Ct. 1303, 75 L.Ed.2d 206 (1983).
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
380 F. App'x 559, Counsel Stack Legal Research, https://law.counselstack.com/opinion/larry-bittick-v-jeremiah-nixon-ca8-2010.