Opinion
No. 08-3571.
Submitted: October 19, 2009.
Filed: October 22, 2009.
Appeal from the United States District Court for the District of Nebraska.
Glenn Ronald Waite, MD, Eureka, NV, pro se.
Douglas Dale Delair, Vincent M. Powers, Vincent M. Powers Associates, Lincoln, NE, for Appellees.
Delair Delair, pro se.
Before WOLLMAN, RILEY, and SMITH, Circuit Judges.
[UNPUBLISHED]
Glenn Waite appeals the district court's denial of his motion for declaratory relief. Upon careful review of the record, see Frulla v. CRA Holdings Inc., 543 F.3d 1247, 1251 (11th Cir. 2008) (standard of review), including Waite's prior unsuccessful appeal, see Waite v. DeLair, 3 Fed.Appx. 574 (8th Cir. 2001) (unpublished per curiam), we conclude that the instant appeal is governed by the law-of-the-case doctrine, see Jones v. United States, 255 F.3d 507, 510 (8th Cir. 2001) (all issues decided by appellate court become law of the case; this rule extends not only to actual holdings but also to all issues implicitly settled in prior holdings); United States v. Bartsh, 69 F.3d 864, 866 (8th Cir. 1995) (law-of-the-case doctrine prevents relitigation of settled issue in case and requires courts to adhere to decisions made in earlier proceedings). Accordingly, we affirm.
The Honorable Richard G. Kopf, United States District Judge for the District of Nebraska.