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)

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. § 1915.(Although dismissal on res judicata grounds is

not a "strike" per se, a duplicative complaint may be considered frivolous and
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