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09-1185•Alice McCabe v. Michael Parker
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
___________
No. 10-1194
___________
Larry D. Bittick, *
*
Appellant, * Appeal from the United States
* District Court for the
v. * Western District of Missouri.
*
Jeremiah Nixon; Chris Koster, * [UNPUBLISHED]
*
Appellees. *
___________
Submitted: June 1, 2010
Filed: June 16, 2010
___________
Before MELLOY, BOWMAN, and SMITH, Circuit Judges.
___________
PER CURIAM.
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
1The 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.
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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 (2007). Accordingly, we affirm.
______________________________
2See Rooker v. Fid. Trust Co., 263 U.S. 413 (1923); D.C. Ct. of Appeals v.
Feldman, 460 U.S. 462 (1983).
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