Your search Notice: Eighth Circuit Rule 28a(k) Governs Citation of Unpublished Opinions and Provides That They Are Not Precedent and Generally Should Not Be Cited Unless Relevant to Establishing the Doctrines of Res Judicata, Collateral Estoppel, the Law of the Case, or if the Opinion Has Persuasive Value on a Material Issue and No Published Opinion Would Serve As Well.thomas Louis Smykalski, Appellant,appeal from the United States v. District Court for the District of Minnesota. Lou Stender,warden of Minnesota Correctional Facility,faribault, Appellee did not match any document.