FILED
UNITED STATES DISTRICT COURT
AUG 10 2010
Clark. U.S. District & Bankruptcy
FOR THE DISTRICT OF COLUMBIA Courts for the DiStrict of ColumbIa
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Joel Jockton Beavers, )
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Plaintiff, )
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v. )
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Civil Action No. 10 1343
Keith Watters et al., )
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Defendants. )
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MEMORANDUM OPINION
This matter is before the Court on plaintiff s pro se complaint and application to proceed
in forma pauperis. The Court will grant plaintiffs application and dismiss the complaint on the
ground of res judicata.
Under the principle of res judicata, a final judgment on the merits in one action "bars any
further claim based on the same 'nucleus of facts' .... " Page v. United States, 729 F.2d 818,
820 (D.C. Cir. 1984) (quoting Expert Elec., Inc. v. Levine, 554 F.2d 1227, 1234 (D.C. Cir.
1977)). Res judicata bars the relitigation "of issues that were or could have been raised in [the
prior] action." Drake v. FAA, 291 F.3d 59 (D.C. Cir. 2002) (emphasis in original) (quoting Allen
v. McCurry, 449 U.S. 90, 94 (1980)); see IA.M Nat 'I Pension Fund v. Indus. Gear Mfg. Co.,
723 F.2d 944,949 (D.C. Cir. 1983) (noting that res judicata "forecloses all that which might
have been litigated previously"). Moreover, res judicata applies to dismissals for lack of
jurisdiction. SeeGAFCorp. v. u.s., 818F.2d901,912(D.C.Cir.1987)(explainingthat"[t]he
judgment ordering dismissal [has] preclusive effect as to matters actually adjudicated [,e.g.,] the
5 ) , X!j()li .....U J t
precise issue of jurisdiction that led to the initial dismissal); accord Dozier v. Ford Motor Co.,
702 F.2d 1189,1191-92 (D.C. Cir. 1983).
This is the third time that plaintiff has filed this action, over which the Court recently
determined it lacked subject matter jurisdiction. See Beavers v. Watters, Civ. Action No.1 0-
1120 (D.D.C., June 30, 2010). Because the current complaint does not cure the jurisdictional
defect, it, too, will be dismissed. A separate Order accompanies this Memorandum Opinion.
v~ ~-rIJ1C--c:I
United States District Judge
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Date: August~, 2010
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