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Prokop v. Nebraska Accountability & Disclosure Commission

U.S. Court of Appeals for the Eighth Circuit
Prokop v. Nebraska Accountability & Disclosure Commission, 437 F. App'x 524 (8th Cir. 2011)
Melloy, Bowman, Shepherd

Prokop v. Nebraska Accountability & Disclosure Commission

Opinion

PER CURIAM.

Robert Prokop brought this 42 U.S.C. § 1983 action raising multiple claims in connection with a state election and a later state proceeding against him to collect late fees. The District Court 1 dismissed the complaint, and Prokop appeals. After careful de novo review, see Detroit Gen. Ret. Sys. v. Medtronic, Inc., 621 F.3d 800, 804-05 (8th Cir. 2010), we conclude that dismissal was proper because (1) some of the claims are barred by the Rooker-Feld-m an 2 doctrine and the District Court properly refrained from interfering in pending state-court garnishment proceedings, see Younger v. Harris, 401 U.S. 37, 43-54, 91 S.Ct. 746, 27 L.Ed.2d 669 (1971); (2) the remaining allegations fail to state a claim or are time-barred; and (3) Prokop’s arguments for judicial recusal were not presented below, see Stone v. Harry, 364 F.3d 912, 914 (8th Cir. 2004) (declining to *525 consider claims first raised on appeal), and in any event, appear meritless.

Accordingly, we affirm the judgment of the District Court.

1

. The Honorable Joseph F. Bataillon, Chief Judge, United States District Court for the District of Nebraska.

2

. Rooker v. Fid. Trust Co., 263 U.S. 413, 416, 44 S.Ct. 149, 68 L.Ed. 362 (1923); D.C. Court of Appeals v. Feldman, 460 U.S. 462, 482, 103 S.Ct. 1303, 75 L.Ed.2d 206 (1983).

Reference

Full Case Name
Robert J. PROKOP, Appellant, v. NEBRASKA ACCOUNTABILITY AND DISCLOSURE COMMISSION; Frank Daley, Executive Director, in His Official Capacity and Individually; Mark Hinman, Deputy Executive Director and Chief Auditor, in His Official Capacity and Individually; William L. Howland, Commission General Counsel, in His Official Capacity and Individually; Neal Danberg, Commission General Counsel, in His Official Capacity and Individually; James Stesjkal, Staff Auditor, in His Official Capacity and Individually; David Hunter, Staff Auditor, in His Official Capacity and Individually; Kimberly Quandt, 2006 Commission Chairman, in Her Official Capacity and Individually; John S. McCollister, Commissioner, in His Official Capacity and Individually; Andre Barry, Commissioner, in His Official Capacity and Individually; Marilee Frederickson, Commissioner, in Her Official Capacity and Individually; Judy Schweikart, Commissioner, in Her Official Capacity and Individually; Paul Hosford, Commissioner, in His Official Capacity and Individually; Gary Rosacker, Commissioner, in His Official Capacity and Individually; Richard Nelson, Commissioner, in His Official Capacity and Individually; John Bergmeyer, Former Commissioner, in His Official Capacity and Individually; John Gale, Secretary of State and Commissioner, in His Official Capacity and Individually; James McClurg, District v University of Nebraska Regent, in His Official Capacity and Individually; Lori McClurg, Former Director of Administrative Services, in Her Official Capacity and Individually, Appellees
Cited By
1 case
Status
Unpublished
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