Opinion
No. 08-3481.
Submitted: February 10, 2010.
Filed: February 16, 2010.
Appeal from the United States District Court for the Western District of Missouri.
Before MELLOY, BOWMAN, and SMITH, Circuit Judges.
[UNPUBLISHED]
In this diversity action against American Family Mutual Insurance Company (American Family), Tommy Williams appeals the District Court's adverse grant of summary judgment based on res judicata. Proceeding pro se on appeal following his attorney's suspension from this court's bar, Williams contends that his attorney failed to prosecute his prior state court case, which resulted in a final adverse judgment on the merits of virtually identical claims. After careful de novo review, Johnson v. Blaukat, 453 F.3d 1108, 1112 (8th Cir. 2006), we find no basis for reversal. See Niere v. St. Louis County, Missouri, 305 F.3d 834, 837-838 (8th Cir. 2002) (elements of res judicata under Missouri law); cf. Glick v. Henderson, 855 F.2d 536, 541 (8th Cir. 1988) (no constitutional right to effective assistance of counsel in civil case; remedy is malpractice claim). Accordingly, we affirm.
The Honorable Fernando J. Gaitan, Chief Judge, United States District Court for the Western District of Missouri.