Holloway v. Howard University

D.C. Circuit

Holloway v. Howard University

707 F. App'x 11

CourtCourt of Appeals for the D.C. Circuit

DecidedDecember 15, 2017

DocketNo. 17-7134

StatusPublished

This text of 707 F. App'x 11 (Holloway v. Howard University) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Holloway v. Howard University, 707 F. App'x 11 (D.C. Cir. 2017).

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Opinion

JUDGMENT

Per Curiam

This appeal was considered on the record from the United States District Court for the District of Columbia and on the brief filed by appellant. See Fed. R. App. P. 34(a)(2); D.C. Cir. Rule 34(j). It is

ORDERED AND ADJUDGED that the district court order filed August 28, 2017 be affirmed. The district court correctly dismissed the complaint under the doctrine of res judicata. See Allen v. McCurry, 449 U.S. 90, 94, 101 S.Ct. 411, 66 L.Ed.2d 308 (1980) (“Under res judicata, a final judgment on the merits of an action precludes the parties or their privies from relitigat-ing issues that were or could have been raised in that action.”). Appellant provides no reason to question the district court’s conclusion that her current and previous cases share the same nucleus of facts. See Drake v. FAA, 291 F.3d 59, 66 (D.C. Cir. 2002) (“Whether two cases implicate the same cause of action turns on whether they share the same ‘nucleus of facts.’ ”).

Pursuant to D.C. Circuit Rule 36, this disposition will not be published. The Clerk is directed to withhold issuance of the mandate herein until seven days after resolution of any timely petition for rehearing or petition for rehearing en banc. See Fed. R. App. P. 41(b); D.C. Cir. Rule 41.

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JUDGMENT

Per Curiam

This appeal was considered on the record from the United States District Court for the District of Columbia and on the brief filed by appellant. See Fed. R. App. P. 34(a)(2); D.C. Cir. Rule 34(j). It is

ORDERED AND ADJUDGED that the district court order filed August 28, 2017 be affirmed. The district court correctly dismissed the complaint under the doctrine of res judicata. See Allen v. McCurry, 449 U.S. 90, 94, 101 S.Ct. 411, 66 L.Ed.2d 308 (1980) (“Under res judicata, a final judgment on the merits of an action precludes the parties or their privies from relitigat-ing issues that were or could have been raised in that action.”). Appellant provides no reason to question the district court’s conclusion that her current and previous cases share the same nucleus of facts. See Drake v. FAA, 291 F.3d 59, 66 (D.C. Cir. 2002) (“Whether two cases implicate the same cause of action turns on whether they share the same ‘nucleus of facts.’ ”).

Pursuant to D.C. Circuit Rule 36, this disposition will not be published. The Clerk is directed to withhold issuance of the mandate herein until seven days after resolution of any timely petition for rehearing or petition for rehearing en banc. See Fed. R. App. P. 41(b); D.C. Cir. Rule 41.

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707 F. App'x 11, Counsel Stack Legal Research, https://law.counselstack.com/opinion/holloway-v-howard-university-cadc-2017.

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