Opinion
Case: 1:16-cv-00606
03-30-2016
RICHARD MAX FLEMING, Plaintiff, v. UNITED STATES OF AMERICA, Defendants.
Assigned To : Unassigned
Assign. Date : 4/1/2016
Description: Pro Se Gen. Civil (F Deck) MEMORANDUM OPINION
This matter is before the Court on plaintiff's application to proceed in forma pauperis and his pro se pleading titled "Tort Claim and Motion for Summary Judgment and Remedies Pursuant to the ICCPR [T]reaty." For the reasons discussed below, the Court will dismiss this action.
"Under the doctrine of res judicata, or claim preclusion, a subsequent lawsuit [is] barred if there has been prior litigation (1) involving the same claims or cause of action, (2) between the same parties or their privies, and (3) there has been a final, valid judgment on the merits, (4) by a court of competent jurisdiction." Smalls v. United States, 471 F.3d 186, 192 (D.C. Cir. 2006) (citations omitted). Plaintiff purports to bring this action under the International Covenant on Civil and Political Rights, notwithstanding another district court's ruling on a substantially similar claim that "the ICCPR is not enforceable in federal courts on behalf of individual plaintiffs." See Fleming v. United States, No. 3:13-CV-00154, 2013 WL 5838719, at *3 (D. Nev. Oct. 29, 2013), aff'd, 616 F. App'x 223 (9th Cir. 2015), pet. for cert. docketed, No. 15-8425 (U.S. Mar. 3, 2016).
The Court concludes that plaintiff's claim is barred and, accordingly, this action will be dismissed. An Order is issued separately.
/s/_________
United States District Judge DATE: 3/30/16