Case Detail

FOIA Project Annotation: A federal court in Virginia has ruled that Shapat Nabaya's suit against IRS agent Wally Stark is barred by res judicata because Nabaya already litigated his claims against Stark in a previous case he filed in the Southern District of New York. Nabaya filed suit in New York in March 2013 alleging that Stark had improperly levied funds from Nabaya's pension and had failed to respond to Nabaya's FOIA request. The district court in New York ruled that Nabaya did not have a claim against the IRS for the levy and, further, gave Nabaya an opportunity to amend his FOIA complaint by making the IRS a defendant rather than Stark. Instead, Nabaya filed suit in the Eastern District of Virginia as well as in state court. Finding that Nabaya had already litigated his claims in New York, the Virginia federal court noted that "although the Southern District of New York granted Nabaya leave to amend his FOIA claim to address the proper defendant, the claims are nonetheless barred because the Complaints filed in the two current cases are 'substantially the same as in the prior action.'" The court pointed out that "Nabaya has failed to join the proper defendant in the current suits and has failed to allege that he has exhausted his administrative remedies. So, even though he was granted leave to amend in the Original Action, Nabaya has failed to correct the same defects in the Complaints filed herein. Thus, a final judgment on the merits was issued by the Southern District of New York on both Nabaya's improper levy and FOIA claims when it dismissed his complaint for failure to state a claim. . ."
Issues: Litigation - Jurisdiction - Failure to State a Claim

Date Filed	Doc #	Docket Text
2013-05-14	1	NOTICE OF REMOVAL filed by Wally Stark from Chesterfield County Civil General District Court, Case Number: GV 13008461-00. (Attachments: # 1 Exhibit A, # 2 Exhibit B and # 3 Civil Cover Sheet). (walk, ) (Entered: 05/15/2013)
2013-06-04	2	MOTION to Consolidate Cases (consolidate with 3:13-cv-218) by Wally Stark. (Attachments: # 1 Proposed Order)(McIntosh, Robert) (Entered: 06/04/2013)
2013-06-04	3	Memorandum in Support re 2 MOTION to Consolidate Cases (consolidate with 3:13-cv-218) filed by Wally Stark. (McIntosh, Robert) (Entered: 06/04/2013)
2013-06-04	4	MOTION to Dismiss by Wally Stark. (Attachments: # 1 Proposed Order)(McIntosh, Robert) (Entered: 06/04/2013)
2013-06-04	5	Memorandum in Support re 4 MOTION to Dismiss filed by Wally Stark. (Attachments: # 1 Exhibit)(McIntosh, Robert) (Entered: 06/04/2013)
2013-06-04	6	Roseboro Notice as to Motion to Dismiss filed on June 4, 2013 [Dkt No. 4] by Wally Stark (McIntosh, Robert) (Entered: 06/04/2013)
2013-06-10	7	ORDER regarding Motions to Dismiss filed by Defendant; for the reasons stated in the accompanying Memorandum Opinion, Defendant's Motions are GRANTED and Plaintiff's claims against Defendant are DISMISSED WITH PREJUDICE; Plaintiff advised of his right to file a written notice of appeal with the Court within thirty days. Signed by District Judge Henry E. Hudson on 6/10/2013. Copies to counsel and to Plaintiff, who is pro se. (cmcc, ) (Entered: 06/10/2013)
2013-06-10	8	MEMORANDUM OPINION. Signed by District Judge Henry E. Hudson on 6/10/2013. Copies to counsel and to plaintiff, who is pro se.(cmcc, ) (Entered: 06/10/2013)
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