Mayers v. Tennessee Board of Regents
Mayers v. Tennessee Board of Regents
Opinion of the Court
Angela S. Mayers appeals a district court order that denied post-judgment motions she filed in this employment discrimination action filed under Title VII. This case has been referred to a panel of the court pursuant to Rule 34(j)(l), Rules of the Sixth Circuit. Upon examination, this panel unanimously agrees that oral argument is not needed. Fed. R.App. P. 34(a).
Contemporaneously, motions involving a fee dispute between plaintiff and her attorneys were referred to the magistrate judge for consideration. Plaintiff appealed a subsequent order entered by the magistrate judge, but this court dismissed plaintiffs appeal for lack of appellate jurisdiction. Mayers v. Tenn. Bd. of Regents, No. 00-5123 (6th Cir. May 9, 2000) (unpublished order).
On December 28, 2000, plaintiff filed a motion to refile her complaint or, in the alternative, for a change of venue. Defendants responded in opposition, and plaintiff submitted a reply. On February 20, 2001, plaintiff filed a motion for a directed verdict. Defendants again responded in opposition, and plaintiff submitted a reply. The district court denied plaintiffs motions by order entered September 18, 2001, and plaintiff filed a timely notice of appeal.
On appeal, plaintiff: (1) contends that the district court improperly denied her motion to refile her complaint as barred by res judicata; (2) contends that other rulings by the district court and by this court were improper as well; and (3) asks that this court vacate a state court ruling involving disputed attorneys’ fees. Defendants respond that: (1) this court lacks jurisdiction to review most of the district court’s rulings; (2) the district court properly denied plaintiffs motion to refile her complaint as barred under the doctrine of res judicata; and (3) there is no basis to vacate the state court’s ruling. Upon consideration, we will affirm the order for the reasons stated by the district court.
First, it is noted that this court has appellate jurisdiction to review only the district court’s most recent order in which it denied plaintiffs motions to refile her complaint and for a directed verdict. Generally, post-judgment orders are final and appealable. See United States v. One 1985 Chevrolet Corvette, 914 F.2d 804, 807 (6th Cir. 1990). Thus, plaintiffs timely appeal is properly taken from the district court’s September 18, 2001, order. However, appellate jurisdiction does not extend to other rulings of the district court, decisions of this court, or state court judgments. Accordingly, only issues involving the district court’s order denying plaintiffs most recent post-judgment motions are properly before this court.
Further, the district court properly denied plaintiffs motion to refile her complaint. Generally, this court reviews de novo a district court determination regarding the applicability of res judicata. Kane v. Magna Mixer Co., 71 F.3d 555, 560 (6th Cir. 1995). The doctrine of res judicata encompasses both claim preclusion and issue preclusion or collateral estoppel. J.Z.G. Res., Inc. v. Shelby Ins. Co., 84 F.3d 211, 214 (6th Cir. 1996). Under claim pre-
For the foregoing reasons, the district court’s order is affirmed. See Rule 34(j)(2)(C), Rules of the Sixth Circuit.
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