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Blake v. Allen

United States District Court, S.D. West Virginia, Charleston Division
Nov 18, 2010
CIVIL ACTION NO. 2:10-cv-01089 (S.D.W. Va. Nov. 18, 2010)

Opinion

CIVIL ACTION NO. 2:10-cv-01089.

November 18, 2010


MEMORANDUM OPINION AND ORDER


After this pro se action was dismissed with prejudice at the plaintiff's request [Docket 9], the plaintiff filed an Amended Complaint asserting the same claims that were set forth in the original Complaint. Accordingly, the court dismissed the action with prejudice [Docket 13], pursuant to 28 U.S.C. § 1915(e)(2) (directing the court to dismiss a case filed by a plaintiff seeking to proceed in forma pauperis if it determines that the action is "frivolous or malicious" or "fails to state a claim upon which relief may be granted"). The plaintiff has now filed another Amended Complaint [Docket 14] asserting identical claims for relief. Because the complaint is barred by res judicata, the court DISMISSES the Amended Complaint with prejudice pursuant to § 1915(e)(2).

The court DIRECTS the Clerk to send a copy of this Order to counsel of record and any unrepresented party.

ENTER: November 18, 2010


Summaries of

Blake v. Allen

United States District Court, S.D. West Virginia, Charleston Division
Nov 18, 2010
CIVIL ACTION NO. 2:10-cv-01089 (S.D.W. Va. Nov. 18, 2010)
Case details for

Blake v. Allen

Case Details

Full title:ROBERT JOSEPH BLAKE, Plaintiff, v. REV. WILLIAM ALLEN, et al., Defendants

Court:United States District Court, S.D. West Virginia, Charleston Division

Date published: Nov 18, 2010

Citations

CIVIL ACTION NO. 2:10-cv-01089 (S.D.W. Va. Nov. 18, 2010)