McCann v. Fahner

Filing 12

ORDER DISMISSING CASE. This dismissal counts as a strike pursuant to 28 U.S.C. 1915(g). Signed by Judge Susan P. Watters on 2/7/2024. Mailed to McCann (TAG)

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA BILLINGS DIVISION FRANKIE LEE MCCANN,JR., CV-23-111-BLG-SPW-TJC Plaintiff, ORDER OF DISMISSAL vs. EPaC FAHNER, Defendant. Plaintiff Frankie Lee McCann filed a Complaint alleging violations of his constitutional rights.(Doc. 1.) On January 9. 2024, the Court directed McCann to show cause why his case should not be dismissed on res judicata grounds.(Doc. 8.) McCann filed three documents in response.(Docs. 9, 10, and 11.) Docs.9 and 11 are not responsive to the Court's Order and merely reiterate various allegations regarding Defendant Fahner. Doc. 10 states that McCann had been released and was unable to pursue his claims in the prior suit, but the Court finds that argument unpersuasive. As a free man, certainly he would have been able to communicate with the Court in some fashion. He failed to do so, resulting in the dismissal of his prior action. He has not proposed grounds to avoid the doctrine of res judicata. This matter will be dismissed. This dismissal counts as a strike within the meaning of 28 U.S.C. ยง 1915.(Although dismissal on res judicata grounds is not a "strike" per se, a duplicative complaint may be considered frivolous and 1

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?