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Waller v. Groose

United States Court of Appeals, Eighth Circuit
Oct 26, 1994
38 F.3d 1007 (8th Cir. 1994)

Summary

holding that dismissal without prejudice during § 1915 screening has a "res judicata effect" and precludes a prisoner from proceeding in forma pauperis on the same claim

Summary of this case from Chaney v. Kelley

Opinion

No. 94-1604.

Submitted September 13, 1994.

Decided October 26, 1994.

Danny Waller, pro se.

Bruce Farmer, and Barbara Holway Frazier, Asst. Attys. Gen., Jefferson City, MO, for appellee.

Appeal from the United States District Court for the Western District of Missouri.

Before MAGILL, LOKEN, and MORRIS SHEPPARD ARNOLD, Circuit Judges.


Danny Waller, an inmate at the Jefferson County Correctional Center in Jefferson City, Missouri, appeals the district court's dismissal of his 42 U.S.C. § 1983 suit of improper discipline for a conduct violation. A similar previous suit was dismissed as frivolous under 28 U.S.C. § 1915(d). Because we find that Waller's second suit is frivolous, we dismiss it under 28 U.S.C. § 1915(d). We therefore modify and affirm the district court's dismissal of Waller's second suit.

We may affirm the judgment on any grounds supported by the record, even if not relied upon by the district court. Monterey Dev. v. Lawyer's Title Ins. Co., 4 F.3d 605, 608 (8th Cir. 1993). The district court disposed of Waller's second suit by way of summary judgment under Fed.R.Civ.P. 56, holding that Waller's claim was barred by res judicata. Res judicata (claim preclusion) bars relitigation of a claim where four conditions are satisfied:

(1) the first suit resulted in a final judgment on the merits; (2) the first suit was based on proper jurisdiction; (3) both suits involved the same cause of action; and (4) both suits involved the same parties or their privies.

Lovell v. Mixon, 719 F.2d 1373, 1376 (8th Cir. 1983). The district court's application of res judicata to preclude Waller's claim was improper because "a § 1915(d) dismissal is not a dismissal on the merits, but rather an exercise of the court's discretion under the in forma pauperis statute." Denton v. Hernandez, ___ U.S. ___, ___, 112 S.Ct. 1728, 1734, 118 L.Ed.2d 340 (1992).

Although a § 1915(d) dismissal does not bar future litigation over the merits of a paid complaint making the same allegations as the dismissed complaint, a § 1915(d) dismissal has res judicata effect "on frivolousness determinations for future in forma pauperis petitions." Id. Accordingly, we hold that the § 1915(d) dismissal of Waller's first claim has res judicata effect and establishes that Waller's second, identical claim is frivolous for § 1915(d) purposes. We dismiss Waller's claim as frivolous under § 1915(d). Accordingly, the judgment of the district court is affirmed as modified.


Summaries of

Waller v. Groose

United States Court of Appeals, Eighth Circuit
Oct 26, 1994
38 F.3d 1007 (8th Cir. 1994)

holding that dismissal without prejudice during § 1915 screening has a "res judicata effect" and precludes a prisoner from proceeding in forma pauperis on the same claim

Summary of this case from Chaney v. Kelley

holding that dismissal of claim as frivolous has res judicata effect on frivolous determinations for future in forma pauperis petitions raising identical claims

Summary of this case from Turpin v. Hoeflein

holding that dismissal of claim as frivolous has res judicata effect on frivolousness determinations for future in forma pauperis petitions raising identical claims

Summary of this case from Bender v. Kothe

holding that previous dismissal for frivolousness has res judicata effect on frivolousness determinations for future in forma pauperis applications

Summary of this case from Mills v. Does

holding that dismissal of claim as frivolous has res judicata effect on frivolousness determinations for future in forma pauperis petitions raising identical claims

Summary of this case from Coffman v. Blake

holding that dismissal of claim as frivolous has res judicata effect on frivolousness determinations for future in forma pauperis petitions raising identical claims.

Summary of this case from Bender v. Kothe

holding that dismissal of claim as frivolous has res judicata effect on frivolousness determinations for future in forma pauperis petitions raising identical claims

Summary of this case from Bell v. Chancellor

holding that dismissal of claim as frivolous has res judicata effect on frivolousness determinations for future in forma pauperis petitions raising identical claims.

Summary of this case from Chambers v. State

holding that dismissal of claim as frivolous has res judicata effect on frivolousness determinations for future in forma pauperis petitions raising identical claims

Summary of this case from Coffman v. Blake

holding that dismissal of claim as frivolous has res judicata effect on frivolousness determinations for future in forma pauperis complaints raising identical claims.

Summary of this case from Bowers v. Stubblefield

holding that dismissal of claim as frivolous has res judicata effect on frivolousness determinations for future in forma pauperis petitions raising identical claims

Summary of this case from Coffman v. Blunt
Case details for

Waller v. Groose

Case Details

Full title:DANNY WALLER, APPELLANT, v. MICHAEL GROOSE; ROBERT ACREE; HENRY JACKSON…

Court:United States Court of Appeals, Eighth Circuit

Date published: Oct 26, 1994

Citations

38 F.3d 1007 (8th Cir. 1994)

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