U.S. Court of Appeals for the Eleventh Circuit, 2010

Robinson v. Secretary, Department of Corrections

Robinson v. Secretary, Department of Corrections
U.S. Court of Appeals for the Eleventh Circuit · Decided August 5, 2010 · Tjoflat, Wilson, Pryor
390 F. App'x 960

Robinson v. Secretary, Department of Corrections

Opinion

PER CURIAM:

Charlie Robinson appeals pro se the dismissal of his second complaint that employees of the Florida Department of Corrections and the Florida Parole Commission violated his constitutional rights by denying him “gain time” after the revocation of his controlled release. 42 U.S.C. § 1983. We affirm.

The district court did not err when it dismissed Robinson’s second complaint. Although Robinson did not request damages in his first complaint, his second complaint “ ‘arises out of the same nucleus of operative facts, or is based upon the same factual predicate, as [his] former action.” Griswold v. Cnty. of Hillsborough, 598 F.3d 1289, 1293 (11th Cir. 2010) (quoting Ragsdale v. Rubbermaid, Inc., 193 F.3d 1235, 1239 (11th Cir. 1999)). Robinson’s complaint is barred by res judicata.

We AFFIRM the dismissal of Robinson’s complaint.

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