James Wolfbauer v. Ocwen Loan Servicing, LLC, a Delaware Limited Liability Company

United States Court of Appeals
For the Eighth Circuit
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No. 19-2672
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James Wolfbauer
lllllllllllllllllllllPlaintiff - Appellant
v.
Ocwen Loan Servicing, LLC, a Delaware Limited Liability Company
lllllllllllllllllllllDefendant - Appellee
Kozeny & McCubbin, The Law Firm of; Does, 1 through 10, Inclusive
lllllllllllllllllllllDefendants
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Appeal from United States District Court
for the District of Nebraska - Omaha
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Submitted: February 21, 2020
Filed: February 26, 2020
[Unpublished]
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Before GRUENDER, WOLLMAN, and STRAS, Circuit Judges.
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PER CURIAM.
James Wolfbauer appeals the district court’s1 dismissal of his pro se civil
action. Our de novo review of the record satisfies us that dismissal was proper
1The Honorable John M. Gerrard, Chief Judge, United States District Court for
the District of Nebraska.

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because Wolfbauer’s claim that defendants violated Neb. Rev. Stat. § 76-1008 was
barred by res judicata. See Laase v. Cty. of Isanti, 638 F.3d 853, 856 (8th Cir. 2011)
(standard of review); see also Elbert v. Carter, 903 F.3d 779, 782 (8th Cir. 2018) (res
judicata applies when there is (1) final judgment on merits in first action, (2) privity
of parties between actions, and (3) identity of claims between actions; claims are
identical when they arise out of same nucleus of operative fact or are based upon
same factual predicate). The judgment is affirmed. See 8th Cir. R. 47B.
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