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[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT FILED ________________________ U.S. COURT OF APPEALS ELEVENTH CIRCUIT November 1, 2006 No. 05-16723 THOMAS K. KAHN Non-Argument Calendar 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
Document Info
Docket Number: 05-16723
Citation Numbers: 203 F. App'x 997
Judges: Barkett, Carnes, Dubina, Per Curiam
Filed Date: 11/1/2006
Precedential Status: Non-Precedential
Modified Date: 8/2/2023