Michael Smart v. USA

Filing

UNPUBLISHED OPINION FILED. [10-51012 Dismissed as Frivolous] Judge: CDK , Judge: FPB , Judge: JWE Mandate pull date is 04/25/2011 [10-51012]

Michael Smart v. USA Case:

10-51012 Document: 00511400201 Page: 1 Date Filed: 03/03/2011

Doc. 0

IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED
March 3, 2011 No. 10-51012 Summary Calendar Lyle W. Cayce 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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.

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Dockets.Justia.com

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.

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