· 2/23/1999
Ralphael Okoro v. Randall Bohman
Citations
- 164 F.3d 1059
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing that a jurisdictional dismissal precludes relitigating the ground of that dismissal, and thus has collateral estoppel (issue preclusive) effect rather than res judicata (claim preclusive) effect
- holding that \jurisdictional issues should be addressed first and if they are resolved against jurisdiction the case is at an end and there is no occasion to address the merits\
- explaining that a decision at the § 1915(e)(2)(B) stage has no preclusive effect with respect to the merits
- noting that a dismissal for failing to pay the proper filing fee is not subject to preclusive effect when the plaintiff subsequently files the same complaint and pays the fee
- noting “a jurisdictional dismissal precludes only the relitigation of the ground of that dismissal, and thus has collateral estoppel (issue preclusion) effect” on that ground of dismissal (internal citations omitted)
- “The term ‘frivolous’ is used to denote . . . a suit that, for whatever reason, clearly can’t be maintained. The reason might be jurisdictional.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Posner, Bauer, Kanne
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.