Randal Hawley v. Board of Regents, No. 05-16723 (11th Cir. 2006)

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[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 05-16723 Non-Argument Calendar ________________________ FILED U.S. COURT OF APPEALS ELEVENTH CIRCUIT November 1, 2006 THOMAS K. KAHN CLERK D. C. Docket No. 05-02978-CV-CAP-1 RANDAL HAWLEY, Plaintiff-Appellant, versus BOARD OF REGENTS OF THE UNIVERSITY SYSTEM OF GEORGIA, d.b.a. The Georgia Institute of Technology, Defendant-Appellee. ________________________ Appeal from the United States District Court for the Northern District of Georgia _________________________ (November 1, 2006) Before DUBINA, CARNES and BARKETT, Circuit Judges. PER CURIAM: Randal Hawley appeals the dismissal for frivolity of his employment discrimination claims, on the basis that those claims were barred by the doctrine of res judicata, pursuant to 28 U.S.C. § 1915(e)(2)(B)(i). Hawley argues that there was no res judicata bar to his complaint because he lacked a full and fair opportunity to litigate the issues in his previous employment discrimination suit, and thus, there had been no final judgment on the merits of that case. We have reviewed the record and are satisfied that Hawley s complaint merely restated claims that already had been adjudicated in a previous action and did not properly raise any new causes of action. Accordingly, the district court did not abuse its discretion by dismissing his action. AFFIRMED. 2

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