Norman Banks v. AmerenUE ( 2009 )

United States Court of Appeals
FOR THE EIGHTH CIRCUIT
___________
No. 07-3367
___________
Norman Banks, *
*
Appellant, *
* Appeal from the United States
v. * District Court for the
* Eastern District of Missouri.
AmerenUE; Craig Sherrill, *
* [UNPUBLISHED]
Appellees. *
___________
Submitted: January 6, 2009
Filed: February 25, 2009
___________
Before WOLLMAN, MURPHY, and MELLOY, Circuit Judges.
___________
PER CURIAM.
Norman Banks appeals the district court’s1 dismissal of his claims for fraud and
unpaid wages. After careful de novo review, see Schaaf v. Residential Funding Corp.,
517 F.3d 544, 549 (8th Cir.), cert. denied, 129 S. Ct. 222 (2008), we conclude that
Banks’s claims are barred by res judicata, see Phipps v. FDIC, 417 F.3d 1006, 1010
(8th Cir. 2005) (dismissal may be affirmed on any basis supported by record); United
States v. Brekke, 97 F.3d 1043, 1047 (8th Cir. 1996) (factors determining whether res
judicata applies); Yankton Sioux Tribe v. U.S. Dep’t of Health & Human Servs., 533
1
The Honorable Jean C. Hamilton, United States District Judge for the Eastern
District of Missouri.
F.3d 634, 639 (8th Cir. 2008) (res judicata applies to issues that party could have
raised in prior action). We also reject Banks’s arguments for reversal based on the
district court’s denial of leave to amend his complaint and the denial of his motion for
recusal.
Accordingly, we affirm, and we deny Banks’s pending motion. See 8th Cir. R.
47B.
______________________________
-2-