Jonathan Arias v. Janet Napolitano, No. 14-3861 (6th Cir. 2015)
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NOT RECOMMENDED FOR FULL-TEXT PUBLICATION File Name: 15a0246n.06 FILED Case No. 14-3861 Apr 07, 2015 DEBORAH S. HUNT, Clerk UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT JONATHAN ARIAS, Plaintiff-Appellant, v. JANET NAPOLITANO, et al., Defendants-Appellees. ) ) ) ) ) ) ) ) ) ) ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO MEMORANDUM OPINION BEFORE: GUY, MOORE, McKEAGUE, Circuit Judges. PER CURIAM. Plaintiff Jonathan Arias was hired by the United States Border Patrol through the Federal Career Intern Program in 2009. His employment was terminated for deficient performance prior to completion of his two-year probationary period. In this action, Arias alleges that he is of African-American and Hispanic descent and that his termination was motivated by race discrimination. The district court dismissed the action as barred by res judicata pursuant to Federal Rule of Civil Procedure 41(a)(1)(B) because Arias had previously voluntarily dismissed an action that was based on the same termination. In fact, Arias had twice before voluntarily dismissed federal court actions that asserted wrongful termination claims stemming from the same occurrence and, in the second action, expressly noted that the dismissal was “with prejudice.” Case No. 14-3861 Arias v. Napolitano, et al. Arias argues on appeal that the earlier dismissals are not entitled to adjudication-on-themerits effect. His arguments are meritless and are fairly and adequately addressed in the district court’s opinion. To issue another opinion reiterating the analysis would be duplicative and is unnecessary. Accordingly, we AFFIRM the judgment of dismissal based on the analysis contained in the opinion of the district court. -2-
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