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Perry v. United States Postal Service

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA


April 16, 2008

JOHN R. PERRY, PLAINTIFF,
v.
UNITED STATES POSTAL SERVICE, ET AL., DEFENDANT.

The opinion of the court was delivered by: Ellen Segal Huvelle United States District Judge

MEMORANDUM OPINION AND ORDER

Defendants have moved to dismiss plaintiff's pro se complaint wherein plaintiff alleges that his termination from the United States Postal Service ("USPS") was unlawful.*fn1 According to defendants' motion, this termination was upheld by the Merit Systems Protection Board ("MSPB") in Perry v. U.S. Postal Serv., 46 M.S.P.R. 425 (1990), aff'd, 937 F.2d 623 (Fed. Cir. 1991) (unpublished table decision). Thereafter, plaintiff filed two complaints in Superior Court in 1990 against the same MSPB officials who are named herein relating to his termination. These cases were removed to this Court. See Case Nos. 90-cv-497 (TFH) and 90-cv-1164 (LFO). Both of these cases were ultimately dismissed.

Given this history, it is clear that plaintiff's first amended complaint in this case is barred under the doctrines of res judicata and collateral estoppel because any claims arising from the USPS's decision to terminate plaintiff's employment were litigated or could have been litigated before the MSPB almost two decades ago in plaintiff's prior case, Perry v. U.S. Postal Serv., supra. Under the law, plaintiff is precluded from yet again challenging his termination from the USPS. Therefore, defendants' motion to dismiss [Dkt. # 12] is GRANTED and the above-captioned case is dismissed with prejudice.

This is a final appealable order. See Fed. R. App. P. 4(a).


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