Jonathan Arias v. Janet Napolitano

NOT RECOMMENDED FOR FULL-TEXT PUBLICATION
File Name: 15a0246n.06
Case No. 14-3861
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
JONATHAN ARIAS,
Plaintiff-Appellant,
v.
JANET NAPOLITANO, et al.,
Defendants-Appellees.
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ON APPEAL FROM THE
UNITED STATES DISTRICT
COURT FOR THE
SOUTHERN DISTRICT OF
OHIO
M E M O R A N D U M
O P I N I O N
BEFORE: GUY, MOORE, McKEAGUE, Circuit Judges.
PER CURIAM. Plaintiff Jonathan Arias was hired by the United States Border Patrol
through the Federal Career Intern Program in 2009. His employment was terminated for
deficient performance prior to completion of his two-year probationary period. In this action,
Arias alleges that he is of African-American and Hispanic descent and that his termination was
motivated by race discrimination. The district court dismissed the action as barred by res
judicata pursuant to Federal Rule of Civil Procedure 41(a)(1)(B) because Arias had previously
voluntarily dismissed an action that was based on the same termination. In fact, Arias had twice
before voluntarily dismissed federal court actions that asserted wrongful termination claims
stemming from the same occurrence and, in the second action, expressly noted that the dismissal
was “with prejudice.”

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Case No. 14-3861
Arias v. Napolitano, et al.
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Arias argues on appeal that the earlier dismissals are not entitled to adjudication-on-the-
merits effect. His arguments are meritless and are fairly and adequately addressed in the district
court’s opinion. To issue another opinion reiterating the analysis would be duplicative and is
unnecessary. Accordingly, we AFFIRM the judgment of dismissal based on the analysis
contained in the opinion of the district court.

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