Opinion

Jones v. Department of Army Board for Correction of Military Records

  • 7 F. App'x 29
Court
Court of Appeals for the Second Circuit
Filed
Mar 23, 2001
Status
Published
On the bench
Cardamone, Katzmann, Leval
Cited by
1 cases
Authority
More cited than 50.9%

The opinion

SUMMARY ORDER

ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the judgment of the district court be and it hereby is AFFIRMED.

Plaintiff appeals from an order granting summary judgment to defendant on the ground of res judicata. In September 1997, plaintiff, who was discharged from the army in 1981, brought an action in the Court of Federal Claims, alleging unlawful military separation. The Court of Federal Claims dismissed that action as untimely. In April 1999, plaintiff filed another action in the Court of Federal Claims, alleging that the Army did not administer a medical or psychological examination to show that he was qualified for discharge. The Court of Federal Claims dismissed this action when Jones failed to respond to an order to show cause why his claims should not be dismissed on res judicata or statute of limitations grounds. Plaintiff then brought the action currently before this Court making substantially the same allegations.

We affirm the judgment of the district court, substantially for the reasons stated in the thorough opinion of the court below.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.