Ives et al v. Tyler et al
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|Date Filed||#||Document Text|
|February 5, 2018
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 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 issue s 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 spo nte, 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)
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