Prokop v. Nebraska Accountability & Disclosure Commission

437 F. App'x 524
Court of Appeals for the Eighth Circuit·Decided November 16, 2011·No. 11-1795·Unpublished·Cited by 1 cases

Opinion

PER CURIAM.

Robert Prokop brought this 42 U.S.C. § 1983 action raising multiple claims in connection with a state election and a later state proceeding against him to collect late fees. The District Court 1 dismissed the complaint, and Prokop appeals. After careful de novo review, see Detroit Gen. Ret. Sys. v. Medtronic, Inc., 621 F.3d 800, 804-05 (8th Cir.2010), we conclude that dismissal was proper because (1) some of the claims are barred by the Rooker-Feld-m an 2 doctrine and the District Court properly refrained from interfering in pending state-court garnishment proceedings, see Younger v. Harris, 401 U.S. 37, 43-54, 91 S.Ct. 746, 27 L.Ed.2d 669 (1971); (2) the remaining allegations fail to state a claim or are time-barred; and (3) Prokop’s arguments for judicial recusal were not presented below, see Stone v. Harry, 364 F.3d 912, 914 (8th Cir.2004) (declining to *525 consider claims first raised on appeal), and in any event, appear meritless.

Accordingly, we affirm the judgment of the District Court.

1

. The Honorable Joseph F. Bataillon, Chief Judge, United States District Court for the District of Nebraska.

2

. Rooker v. Fid. Trust Co., 263 U.S. 413, 416, 44 S.Ct. 149, 68 L.Ed. 362 (1923); D.C. Court of Appeals v. Feldman, 460 U.S. 462, 482, 103 S.Ct. 1303, 75 L.Ed.2d 206 (1983).

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Prokop v. Nebraska Accountability & Disclosure Commission, 437 F. App'x 524 (8th Cir. 2011).

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