Jackson v. Pension Bnft Guarnt

*Pursuant to 5TH CIR. R. 47.5, the Court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
United States Court of Appeals
Fifth Circuit
F I L E D
April 13, 2007
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_____________________
No. 06-30754
Summary Calendar
_____________________
JOHNNY L. JACKSON,
Plaintiff - Appellant,
versus
PENSION BENEFIT GUARANTY CORP.,
Defendant - Appellee.
_________________________________________________________________
Appeal from the United States District Court
for the Western District of Louisiana, Alexandria
USDC No. 1:06-CV-214
_________________________________________________________________
Before JOLLY, DENNIS, and CLEMENT, Circuit Judges.
PER CURIAM:*
Johnny L. Jackson appeals the district court’s dismissal of
his claims against Pension Benefit Guaranty Corp. (“PBGC”). The
district court dismissed Jackson’s claims as barred by res judicata
because Jackson raised the same claims against PBGC in a previous
suit he filed in 2001. Jackson argues on appeal, as he argued
below, that the PBGC Appeals Board undervalued the amount of his
pension payments.
For the reasons stated by the district court, we AFFIRM.
Jackson’s claims are barred by res judicata because (1) the parties

-- 1 of 2 --

2
in the previous suit and present suit, Jackson and PBGC, are
identical; (2) a court of competent jurisdiction rendered a prior
judgment against Jackson on February 24, 2003; (3) the February 24,
2003 judgment was final and on the merits; and (4) Jackson raises
the same claims against PBGC that he raised in the previous suit.
See Matter of Howe, 913 F.2d 1138, 1143-44 (5th Cir. 1990).
Accordingly, the judgment of the district court dismissing
Jackson’s claims is
AFFIRMED.

-- 2 of 2 --