Marvin D. Gleash, Sr. v. Michael Yuswak

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the district court could dismiss a suit as frivolous based on an applicable affirmative defense even though the defendants had not yet been served with process
• concluding that claim barred by affirmative defense of res judicata is frivolous
• concluding that claim barred by affirmative defense of res judicata is frivolous
• explaining that “courts give effect to the substance of a document and not to its caption” but nevertheless emphasizing the basic substantive distinction between pleadings and motions
• affirming dismissal of second lawsuit as barred by claim preclusion when previously filed essentially identical lawsuit had been dismissed at screening stage for failure to state a claim
• finding “[plaintiff’s] first suit was over, and a renewal may be dismissed [in a screening order] on the ground of claim preclusion (res judicata) . . . .”

Source: CourtListener parenthetical corpus (CC0).