DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
091157P.pdf 10/19/2009 William Irving v. Dave Dormire
U.S. Court of Appeals Case No: 09-1157
U.S. District Court for the Western District of Missouri - Jefferson City
[PUBLISHED] [Wollman, Author, with Hansen and Shepherd, Circuit Judges]
Prisoner case - prisoner civil rights. Res judicata did not bar plaintiff's
claim that defendants' actions prevented him from filing a timely habeas
as the defendant in the habeas action was different than the defendants in
this action; collateral estoppel did bar the suit as the district court's
ruling on the 60(b) motion in the habeas necessarily decided that plaintiff
was not illegally denied access to his legal materials and plaintiff had a
full and fair opportunity to litigate the issue in the earlier habeas.