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17-30143 - Ives et al v. Tyler et al


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17-30143 - Ives et al v. Tyler et al
January 10, 2018
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Magistrate Judge Katherine A. Robertson: ORDER entered. REPORT AND RECOMMENDATIONS FOR DISMISSAL re 2 MOTION for Leave to Proceed in forma pauperis filed by Tammy Ives, 3 MOTION for Leave to Proceed in forma pauperis filed by William D. Bean, 1 Complaint filed by William D. Bean, Tammy Ives Recommendation: Plaintiffs Motions to Proceed in Forma Pauperis are ALLOWED. The Court RECOMMENDS that the action be DISMISSED ppursuant to 28 U.S.C. ยง 1915 (e)(2) as barred under the doctrine of res judicata; cc/Pltf. Objections to R&R due by 1/24/2018. (Finn, Mary)
February 5, 2018
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d parties in case number 17-cv-30101 and the final judgement entered therein. See Allen v. McCurry, 449 U.S. 90, 94 (1980) (Under res judicata, a final judgment on the merits of an action precludes the parties or their privies from relitigating issues that were or could have been raised in that action.); Bezanson v. Bayside Enterps., Inc., 922 F.2d 895,904 (1st Cir.1990).., 324 F.3d 12, 16 (1st Cir. 2003) ([A] court on notice that it has previously decided an issue may dismiss the action sua sponte, consistent with the res judicata policy of avoiding judicial waste.) Finally, the court echoes Judge Robertsons warning that further vexatious or duplicate law suits may result in injunctions on further suits. (See R&R at 3-5). The clerk of court is respectfully directed to enter an order of dismissal and close the case. It is So Ordered. See the attached memo and order for complete details. (Lindsay, Maurice)Judge Mark G. Mastroianni: MEMORANDUM AND ORDER entered. As follows: For the reasons stated, the court, upon de novo review, hereby ADOPTS the R&R. (Dkt. No. 8). Plaintiffs claims in this suit are precluded in light of the identity of the claims an