Blake v. Allen et al

Filing 15

MEMORANDUM OPINION AND ORDER the court DISMISSES the 14 Amended Complaint with prejudice pursuant to Section 1915(e)(2). Signed by Judge Joseph R. Goodwin on 11/18/2010. (cc: pro se plaintiff; attys; any unrepresented party) (taq)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISION ROBERT JOSEPH BLAKE, Plaintiff, v. REV. WILLIAM ALLEN, et al., Defendants. CIVIL ACTION NO. 2:10-cv-01089

MEMORANDUM OPINION AND ORDER After this pro se action was dismissed with prejudice at the plaintiff's request [Docket 9], the plaintiff filed an Amended Complaint asserting the same claims that were set forth in the original Complaint. Accordingly, the court dismissed the action with prejudice [Docket 13], pursuant to 28 U.S.C. § 1915(e)(2) (directing the court to dismiss a case filed by a plaintiff seeking to proceed in forma pauperis if it determines that the action is "frivolous or malicious" or "fails to state a claim upon which relief may be granted"). The plaintiff has now filed another Amended Complaint [Docket 14] asserting identical claims for relief. Because the complaint is barred by res judicata, the court DISMISSES the Amended Complaint with prejudice pursuant to § 1915(e)(2). The court DIRECTS the Clerk to send a copy of this Order to counsel of record and any unrepresented party. ENTER: November 18, 2010