Case: 13-30488 Document: 00512490446 Page: 1 Date Filed: 01/06/2014
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 13-30488
Summary Calendar
United States Court of Appeals
Fifth Circuit
FILED
January 6, 2014
Lyle W. Cayce
Clerk
WAYNE MICHAEL REAVIS, JR.,
Plaintiff–Appellant,
versus
JAMES M. LEBLANC, Secretary, Department of Corrections;
LOUISIANA STATE DEPARTMENT OF CORRECTIONS;
LOUISIANA STATE PAROLE BOARD,
Defendants–Appellees.
Appeal from the United States District Court
for the Eastern District of Louisiana
USDC No. 2:12-CV-2879
Before JOLLY, SMITH, and CLEMENT, Circuit Judges.
PER CURIAM:*
Wayne Reavis, Jr., pro se and in forma pauperis (“IFP”), sued the various
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 13-30488 Document: 00512490446 Page: 2 Date Filed: 01/06/2014
No. 13-30488
state defendants under 42 U.S.C. § 1983 seeking money damages and immedi-
ate release from confinement based on an alleged miscalculation of his sen-
tence. The allegations are virtually identical to those in another federal suit
that was dismissed and not appealed. Here, the district court adopted the
report and recommendation of the magistrate judge and dismissed with pre-
judice, primarily on the ground of res judicata.
As the magistrate judge said, quoting Wilson v. Lynaugh, 878 F.2d 846,
850 (5th Cir. 1980), “IFP complaints may be dismissed as frivolous . . . when
they seek to relitigate claims which allege substantially the same facts arising
from a common series of events which have already been unsuccessfully liti-
gated by the IFP plaintiff.” The judgment of dismissal is AFFIRMED. All
pending motions are DENIED.
2