Case: 10-51012 Document: 00511400201 Page: 1 Date Filed: 03/03/2011
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
March 3, 2011
No. 10-51012 Lyle W. Cayce
Summary Calendar Clerk
MICHAEL C. SMART
Plaintiff-Appellant
v.
UNITED STATES OF AMERICA
Defendant-Appellee
Appeal from the United States District Court
for the Western District of Texas, El Paso
USDC No. 3:10-00132
Before KING, BENAVIDES, and ELROD, Circuit Judges..
PER CURIAM:*
Michael Smart has filed a series of pro se lawsuits against federal
agencies, officers, and employees. The instant appeal is from the dismissal of his
cause of action based upon res judicata. Smart asserts general conclusions with
very little detail and makes no references to the record. It is clear, however, that
the nucleus of this suit is the same as the previous case that was dismissed by
a district court in our circuit and affirmed by this Court on appeal. The district
*
Pursuant to 5TH CIR . R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .
R. 47.5.4.
Case: 10-51012 Document: 00511400201 Page: 2 Date Filed: 03/03/2011
No. 10-51012
court correctly determined that res judicata applied and dismissed the claim
herein. This appeal is DISMISSED as frivolous.
2