Robinson v. Secretary, Department of Corrections

U.S. Court of Appeals for the Eleventh Circuit
Robinson v. Secretary, Department of Corrections, 390 F. App'x 960 (11th Cir. 2010)

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.

Reference

Full Case Name
Charlie ROBINSON, Plaintiff-Appellant, v. SECRETARY, DEPARTMENT OF CORRECTIONS, Walter McNeil, James Crosby, Former, Secretary Department of Corrections, Orlester Dickens, Secretary’s Representative, Monica David, Commissioner/Chairman, Tena M. Pate, Commissioner/Vice Chairman, Et Al., Defendants-Appellees
Status
Unpublished