Timothy Lee Newton v. Jeremiah Nixon

United States Court of Appeals
FOR THE EIGHTH CIRCUIT
___________
No. 04-2562
___________
Timothy Lee Newton, *
*
Appellant, * Appeal from the United States
* District Court for the Western
v. * District of Missouri.
*
Jeremiah Nixon, * [UNPUBLISHED]
*
Appellee, *
___________
Submitted: September 30, 2004
Filed: October 12, 2004
___________
Before MURPHY, FAGG, and SMITH, Circuit Judges.
___________
PER CURIAM.
Timothy Lee Newton brought an action for damages, claiming the Missouri
Attorney General had engaged in fraud when he opposed Newton’s earlier federal
habeas corpus petition. The district court* viewed this action as an attempt to revive
the habeas case, and dismissed the complaint. After careful review, we conclude
dismissal was proper under 28 U.S.C. § 1915(e)(2)(B)(I). Newton’s action was
legally frivolous because it depended on the habeas court’s having wrongly
determined his petition was time-barred. See Kelly v. Armstrong, 141 F.3d 799, 801
*
The Honorable Ortrie D. Smith, United States District Judge for the Western
District of Missouri.
(8th Cir. 1998) (issue preclusion). Accordingly, we affirm. We deny Newton’s
pending motions.
______________________________
-2-