BEAVERS v. HILL et al, No. 1:2010cv01343 - Document 3 (D.D.C. 2010)

Court Description: MEMORANDUM OPINION Signed by Judge Paul L. Friedman on 8/4/2010. (ls, )

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BEAVERS v. HILL et al Doc. 3 FILED UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA Joel Jockton Beavers, Plaintiff, v. Keith Watters et al., Defendants. ) ) ) ) ) ) ) ) ) ) ) Civil Action No. AUG 10 2010 Clark. U.S. District & Bankruptcy Courts for the DiStrict of ColumbIa 10 1343 MEMORANDUM OPINION This matter is before the Court on plaintiff s pro se complaint and application to proceed in forma pauperis. The Court will grant plaintiffs application and dismiss the complaint on the ground of res judicata. Under the principle of res judicata, a final judgment on the merits in one action "bars any further claim based on the same 'nucleus of facts' .... " Page v. United States, 729 F.2d 818, 820 (D.C. Cir. 1984) (quoting Expert Elec., Inc. v. Levine, 554 F.2d 1227, 1234 (D.C. Cir. 1977)). Res judicata bars the relitigation "of issues that were or could have been raised in [the prior] action." Drake v. FAA, 291 F.3d 59 (D.C. Cir. 2002) (emphasis in original) (quoting Allen v. McCurry, 449 U.S. 90, 94 (1980)); see IA.M Nat 'I Pension Fund v. Indus. Gear Mfg. Co., 723 F.2d 944,949 (D.C. Cir. 1983) (noting that res judicata "forecloses all that which might have been litigated previously"). Moreover, res judicata applies to dismissals for lack of jurisdiction. SeeGAFCorp. v. u.s., 818F.2d901,912(D.C.Cir.1987)(explainingthat"[t]he judgment ordering dismissal [has] preclusive effect as to matters actually adjudicated [,e.g.,] the Dockets.Justia.com 5 ) , X!j()li .....U J t precise issue of jurisdiction that led to the initial dismissal); accord Dozier v. Ford Motor Co., 702 F.2d 1189,1191-92 (D.C. Cir. 1983). This is the third time that plaintiff has filed this action, over which the Court recently determined it lacked subject matter jurisdiction. See Beavers v. Watters, Civ. Action No.1 01120 (D.D.C., June 30, 2010). Because the current complaint does not cure the jurisdictional defect, it, too, will be dismissed. A separate Order accompanies this Memorandum Opinion. vｾ＠ Date: ï½ ï½µï½§ï½³ï½´ï½¾ï¼¬ï¼  ï½¾ï¼­ï½²ï½ ï½ ï¼±ï½ ï½£ï¼ºï¼  United States District Judge 2010 2 -'.

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