William Eric Clark v. MGA, Inc. , 208 F. App'x 723 ( 2006 )

[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
FILED
U.S. COURT OF APPEALS
No. 06-12857 ELEVENTH CIRCUIT
NOV 29, 2006
Non-Argument Calendar
THOMAS K. KAHN
CLERK
D. C. Docket No. 05-00633-CV-2-SLB
WILLIAM ERIC CLARK,
Plaintiff-Appellant,
versus
MGA, INC.,
and all Holding Companies and affiliated entities,
d.b.a. Movie Gallery,
UNITED PARCEL SERVICE, INC., et al.,
Defendants-Appellees.
Appeal from the United States District Court
for the Northern District of Alabama
(November 29, 2006)
Before ANDERSON, BIRCH and DUBINA, Circuit Judges.
PER CURIAM:
This is an appeal by appellant William Eric Clark (“Clark”) from a
judgment of dismissal entered by the district court in favor of the defendants.
This court reviews de novo the dismissal of a complaint for failure to state a
claim upon which relief may be granted. Roberts v. Fla. Power & Light Co., 146
F.3d 1305, 1307 (11th Cir. 1998). This court also reviews de novo the decision of
a district court to bar a claim on the basis of res judicata. Israel Disc. Bank Ltd. v.
Entin, 951 F.2d 311, 314 (11th Cir. 1992).
After reviewing the record and reading the parties’ briefs, we conclude, as
did the district court, that the instant complaint was due to be dismissed on
grounds of res judicata. In comparing the dispositive order in the present case
entered by Judge Blackburn with an earlier dispositive order entered by Judge
Acker, we conclude that the instant case undeniably involves the identical parties,
identical subject matter, and identical facts as in the first Clark case. The district
court’s dismissal with prejudice of the first Clark case asserting the very same
civil RICO claim presented here barred Clark from refiling an identical claim
before the district court. Accordingly, we affirm the district court’s judgment of
dismissal.1
AFFIRMED.
1
We also grant appellees’ motions for damages and costs filed pursuant to Rule 38 of the Fed.
R. App. P. and remand this case to the district court to determine the amount of fees and costs to be
awarded.
2