NOT FOR PUBLICATION

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY

RAJESH DHARIA, Civil Action No. 24-10826 (SDW) (SDA)

Plaintiff, WHEREAS OPINION v.

March 14, 2025 UNITED STATES OF AMERICA,

Defendant.

WIGENTON, District Judge. THIS MATTER having come before this Court upon Defendant’s Motion to Dismiss (D.E. 5 (“Motion”)) pro se Plaintiff Rajesh Dharia’s (“Plaintiff”) Complaint (D.E. 1-1 (“Complaint”)) filed in New Jersey Superior Court, Middlesex County on March 19, 2024 and removed to this Court on November 29, 2024 (D.E. 1); and WHEREAS this Court previously dismissed with prejudice Plaintiff’s prior action (“Dharia I”) alleging substantially the same facts on the grounds that Plaintiff lacked standing and raised non-justiciable political questions. See Dharia v. United States, No. 24-5915 (SDW) (LDW),

(D.N.J. Oct. 30, 2024); and WHEREAS this Court’s prior opinion in Dharia I explicitly stated that the “dismissal is an adjudication of the merits and hence a bar to further litigation of the claim.” Id. at *1; and WHEREAS the doctrine of claim preclusion is applicable here and bars this action from proceeding; and WHEREAS this Court finds that the case is dismissible on several other grounds primarily laid out by Defendant in its Motion — namely that the United States has sovereign immunity, Plaintiff does not state a claim, and the statute of limitations has passed on any claim that Plaintiff may have; therefore Defendant’s Motion is GRANTED and the Complaint is DISMISSED WITH

PREJUDICE. An appropriate order follows.

/s/ Susan D. Wigenton SUSAN D. WIGENTON, U.S.D.J.

Orig: Clerk cc: Parties Stacey D. Adams, U.S.M.J.