Blake v. Allen et al, No. 2:2010cv01089 - Document 13 (S.D.W. Va. 2010)

Court Description: MEMORANDUM OPINION AND ORDER the court DISMISSES plaintiff's 12 Amended Complaint with prejudice pursuant to Section 1915(e)(2) because it fails to state a claim upon which relief may be granted. Signed by Judge Joseph R. Goodwin on 11/3/2010. (cc: plaintiff; attys; any unrepresented party) (taq)

Download PDF
Blake v. Allen et al Doc. 13 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISION ROBERT JOSEPH BLAKE, Plaintiff, v. CIVIL ACTION NO. 2:10-cv-01089 REV. WILLIAM ALLEN, et al., Defendants. MEMORANDUM OPINION AND ORDER On September 29, 2010, the plaintiff appeared pro se before the United States Magistrate Judge to whom this matter is referred and requested that this matter be voluntarily dismissed. On September 30, 2010, the Magistrate Judge entered an Order [Docket 9] dismissing the action with prejudice. The plaintiff has now filed an Amended Complaint [Docket 12] naming the same defendants and asserting the same claims as the original Complaint. Where the plaintiff seeks to proceed in forma pauperis, as is the case here, the court shall dismiss the case at any time if the action is “frivolous or malicious” or “fails to state a claim upon which relief may be granted.” 28 U.S.C. § 1915(e)(2). The plaintiff’s Amended Complaint is clearly barred by res judicata because his original Complaint, arising out of the same events and naming the same parties as defendants, was dismissed with prejudice. See Cieszkowska v. Gray Line N.Y., 295 F.3d 204, 206 (2d Cir. 2002). Accordingly, the court DISMISSES the Amended Complaint with prejudice pursuant to § 1915(e)(2) because it fails to state a claim upon which relief may be granted. Dockets.Justia.com The court DIRECTS the Clerk to send a copy of this Order to counsel of record and any unrepresented party. ENTER: -2- November 3, 2010

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.