WOLFBAUER v. 10 (2020)

United States Court of Appeals, Eighth Circuit.

James WOLFBAUER Plaintiff - Appellant v. OCWEN LOAN SERVICING, LLC, a Delaware Limited Liability Company Defendant - Appellee Kozeny & McCubbin, The Law Firm of; Does, 1 through 10, Inclusive Defendants

No. 19-2672

Decided: February 26, 2020

Before GRUENDER, WOLLMAN, and STRAS, Circuit Judges.

James Wolfbauer, Pro Se Nicholas D. O'Conner, Phillip Russell Perdew, Locke & Lord, Chicago, IL, for Defendant - Appellee

[Unpublished]

James Wolfbauer appeals the district court’s ¹ dismissal of his pro se civil action. Our de novo review of the record satisfies us that dismissal was proper 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.

FOOTNOTES

1. The Honorable John M. Gerrard, Chief Judge, United States District Court for the District of Nebraska.

PER CURIAM.

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