Timothy Lee Newton v. Jeremiah Nixon, (8th Cir. 2004)
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United States Court of Appeals FOR THE EIGHTH CIRCUIT
No. 04-2562
Timothy Lee Newton, Appellant, v. Jeremiah Nixon, 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§ 1915(e)(2)(B)(I). NewtonÂ’s action was legally frivolous because it depended on the habeas courtÂ’s having wrongly determined his petition was time-barred. See Kelly v. Armstrong, 141 F.3d 799, 801
District of Missouri.
(8th Cir. 1998) (issue preclusion). Accordingly, we affirm. We deny NewtonÂ’s pending motions.
Appeal from the United States
District Court for the Western
District of Missouri.
[UNPUBLISHED]
viewed this action as an attempt to revive
The Honorable Ortrie D. Smith, United States District Judge for the Western
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