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McMillian v. Trans World Airlines

United States Court of Appeals, Third Circuit
May 20, 2009
331 F. App'x 103 (3d Cir. 2009)

Summary

dismissing McMillan's appeal as frivolous

Summary of this case from In re McMillian

Opinion

No. 08-4449.

Submitted for Possible Dismissal Pursuant to 28 U.S.C. § 1915(e)(2)(B) or Summary Action Pursuant to Third Circuit LAR 27.4 and I.O.P. 10.6 April 9, 2009.

Opinion filed: May 20, 2009.

On Appeal from the United States District Court for the District of Delaware (D.C. Civil No. 1-08-cv-00777), District Judge: Honorable Sue L. Robinson.

Herbert McMillian, St. Albans, NY, pro se.

Laura D. Jones, Esq., James E. O'Neill, III, Esq., Pachulski Stang Ziehl Jones, Wilmington, DE, for Defendant-Appellee.

Before: SLOVITER, FUENTES and JORDAN, Circuit Judges.


OPINION


Herbert McMillian, proceeding pro se, filed a complaint against Trans World Airlines ("TWA"), alleging that he is entitled to monetary relief in excess of $25,000,000 because he was wrongly terminated in 1979 and denied benefits to which he was allegedly entitled. The District Court dismissed the complaint as legally frivolous, pursuant to 28 U.S.C. § 1915(e)(2)(B), and McMillian filed a timely appeal.

We have jurisdiction pursuant to 28 U.S.C. § 1291. Because McMillian is proceeding in forma pauperis, we must dismiss the appeal if it is "frivolous." 28 U.S.C. § 1915(e)(2), i.e., "lacks an arguable basis either in law or fact." Neitzke v. Williams, 490 U.S. 319, 325, 109 S.Ct. 1827, 104 L.Ed.2d 338 (1989).

Under the doctrine of res judicata, "a question of fact or of law distinctly put in issue and directly determined . . . cannot afterwards be disputed between the same parties." Anselmo v. Hardin, 253 F.2d 165, 168 (3d Cir. 1958) (internal quotation marks and citations omitted). Prior to the instant civil action, McMillian initiated three actions in the District Court. In at least one of these cases, McMillian requested the same relief he seeks now: substantial damages based on his termination and denial of benefits. See Bankr. D. Del. No. 01-bk-00056. In that case, the Bankruptcy Court dismissed McMillian's case in part because the claims had been previously litigated, and barred him from filing any further pleadings related to his disability benefits claim. See D. Del. Civ. No. 06-cv-00044. Res judicata bars him from relitigating the issues. Accordingly, McMillian's appeal "lacks an arguable basis [] in law," Neitzke, 490 U.S. at 325, 109 S.Ct. 1827, and we will dismiss it pursuant to 28 U.S.C. § 1915(e)(2)(B)(i). Appellant's "motion for summary judgment" is denied.

These actions were docketed as D. Del. Civ. Nos. 08-cv-00180; 06-cv-00044; and 02-cv-0010. In February 2009, McMillian filed yet another action in the District Court, seeking criminal charges against the same defendants. See D. Del. Civ. No. 09-cv-00081. That action remains pending.


Summaries of

McMillian v. Trans World Airlines

United States Court of Appeals, Third Circuit
May 20, 2009
331 F. App'x 103 (3d Cir. 2009)

dismissing McMillan's appeal as frivolous

Summary of this case from In re McMillian

dismissing appeal from order sua sponte dismissing complaint on res judicata grounds under Section 1915

Summary of this case from Somerset v. Partners Pharmacy LLC

dismissing appeal from order sua sponte dismissing complaint on res judicata grounds under Section 1915

Summary of this case from Somerset v. Partners Pharmacy LLC

dismissing appeal from order sua sponte dismissing complaint on res judicata grounds under Section 1915

Summary of this case from Somerset v. Partners Pharmacy LLC

dismissing appeal as frivolous under § 1915(e)(B) because res judicata barred complaint

Summary of this case from Henderson v. Engstrom

dismissing appeal from order sua sponte dismissing complaint on res judicata grounds under Section 1915

Summary of this case from Vasilopoulos v. State
Case details for

McMillian v. Trans World Airlines

Case Details

Full title:Herbert McMILLIAN, Appellant v. TRANS WORLD AIRLINES INC.; Michael J…

Court:United States Court of Appeals, Third Circuit

Date published: May 20, 2009

Citations

331 F. App'x 103 (3d Cir. 2009)

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