Summary
dismissing Jarrell's claims against, inter alia, the Army under the doctrine of res judicata, collateral estoppel, and the statute of limitations
Summary of this case from Jarrell v. Army Review Bds. AgencyOpinion
Case No. 3:13cv343
01-15-2014
STEPHEN PAUL JARRELL, Plaintiff, v. FEDERAL BUREAU OF INVESTIGATION, et al., Defendants.
JUDGE WALTER H. RICE
DECISION AND ENTRY ADOPTING REPORT AND RECOMMENDATIONS
OF UNITED STATES MAGISTRATE JUDGE (DOC. #13) IN THEIR
ENTIRETY AND OVERRULING PLAINTIFF'S OBJECTIONS TO SAID
JUDICIAL FILING (DOC. #14); JUDGMENT TO ENTER FN FAVOR OF
DEFENDANTS AND AGAINST PLAINTIFF HEREIN, DISMISSING THE
CAPTIONED CAUSE WITH PREJUDICE; ANTICIPATED MOTION FOR
LEAVE TO APPEAL IN FORMA PAUPERIS DENIED; TERMINATION
ENTRY
Based upon the reasoning and citations of authority set forth by the United States Magistrate Judge in his Report and Recommendations filed December 26, 2013 (Doc. #13), as well as upon a thorough de novo review of this Court's file and the applicable law, said Report and Recommendations are adopted in their entirety. The Plaintiff's Objections to said judicial filing (Doc. #14) are overruled. In short, the Plaintiff's claims for relief are barred by either res judicata/collateral estoppel, the Feres Doctrine, the applicable statute of limitations, lack of subject matter jurisdiction or the failure to file an administrative claim, either singly or in combination.
Judgment is ordered entered in favor of the Defendants and against Plaintiff herein, thus dismissing the captioned cause with prejudice.
Given that any appeal from this Court's decision would be objectively frivolous, this Court would overrule any anticipated request for leave to appeal in forma pauperis.
The captioned cause is ordered terminated upon the docket records of the United States District Court for the Southern District of Ohio, Western Division, at Dayton.
__________
WALTER H. RICE
UNITED STATES DISTRICT JUDGE
Copies to: U.S. Attorney's Office
Elizabeth C. Scott, Esq.
Sean L. Sharpe, 6018 Densmore Drive, Houston, TX 77035