Mayra Dominguez-Cortez v. Michael B. Mukasey

United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 08-3571
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Glenn Ronald Waite, MD, *
*
Appellant, *
* Appeal from the United States
v. * District Court for the
* District of Nebraska.
Douglas D. DeLair; Delair & Delair, *
* [UNPUBLISHED]
Appellees. *
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Submitted: October 19, 2009
Filed: October 22, 2009
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Before WOLLMAN, RILEY, and SMITH, Circuit Judges.
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PER CURIAM.
Glenn Waite appeals the district court’s 1 denial of his motion for declaratory
relief. Upon careful review of the record, see Frulla v. CRA Holdings Inc., 543 F.3d
1247, 1251 (11th Cir. 2008) (standard of review), including Waite’s prior
unsuccessful appeal, see Waite v. DeLair, No. 00-3183, 3 Fed. Appx. 574 (8th Cir.
2001) (unpublished per curiam), we conclude that the instant appeal is governed by
the law-of-the-case doctrine, see Jones v. United States, 255 F.3d 507, 510 (8th Cir.
2001) (all issues decided by appellate court become law of the case; this rule extends
1The Honorable Richard G. Kopf, United States District Judge for the District
of Nebraska.

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not only to actual holdings but also to all issues implicitly settled in prior holdings);
United States v. Bartsh, 69 F.3d 864, 866 (8th Cir. 1995) (law-of-the-case doctrine
prevents relitigation of settled issue in case and requires courts to adhere to decisions
made in earlier proceedings). Accordingly, we affirm.
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