United States Eighth Circuit

In an inmate's 42 U.S.C. section 1983 action claiming that defendants denied him access to his legal papers, resulting in his habeas petition being untimely, summary judgment for defendants is affirmed where petitioner's claims were barred by collateral estoppel because, by denying petitioner's Rule 60(b) motion in the face of his denial of access claim, the habeas court necessarily decided that petitioner was not illegally denied access to his legal materials.

Appellate Information

• Decided 10/19/2009
• Published 10/19/2009

Judges

• WOLLMAN, Circuit Judge., Before WOLLMAN, HANSEN, and SHEPHERD, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• James Walter Erwin, St. Louis, MO, argued (Holly L. Yoakum, on the brief), for appellant.


• For Appellees:
  
• Bart A. Matanic, Asst. Atty. Gen., Jefferson City, MO, argued (Chris Koster, Atty. Gen., on the brief), for appellees.