Joanna Cieszkowska v. Gray Line New York, 295 F.3d 204 (2d Cir. 2002). · Go Syfert
Joanna Cieszkowska v. Gray Line New York, 295 F.3d 204 (2d Cir. 2002). Cases Citing This Book View Copy Cite
128 citation events (127 in the last 25 years) across 30 distinct courts.
Strongest positive: REARDON v. TEGNA EAST COAST BROADCASTING LLC (med, 2025-05-30)
Treatment trajectory · 2002 → 2026 · click a year to view as-of
2002 2014 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) REARDON v. TEGNA EAST COAST BROADCASTING LLC
D. Me. · 2025 · quote attribution · 1 verbatim quote · confidence high
here the claim clearly is barred on the basis of res judicata, district courts may dismiss a case as frivolous or for failing to state a claim upon which relief can be granted under 28 u.s.c. 1915 (e).
discussed Cited as authority (verbatim quote) Battagliese Corns v. Lapore
E.D.N.Y · 2024 · quote attribution · 1 verbatim quote · confidence high
could have brought that cause of action in her prior action. accordingly, the claims in her second . . . complaint are now barred by res judicata. . . .
discussed Cited as authority (verbatim quote) Jones-Khan v. Westbury Board Of Education-Pless Dickerson
E.D.N.Y · 2022 · signal: see · quote attribution · 1 verbatim quote · confidence high
could have brought that cause of action in her prior action. accordingly, the claims in her second . . . complaint are now barred by res judicata. . . .
discussed Cited as authority (rule) Aixiang Kong v. Wing Yin Lau, Cheong Wah So, Dajin Realty, Inc., and Steven Thomas Gee
E.D.N.Y · 2025 · confidence medium
Res judicata “prevents a plaintiff from litigating claims that were or could have been raised in a prior action against the same defendant[s].” Cieszkowska v. Gray Line New York, 295 F.3d 204, 205 (2d Cir. 2002) (per curiam).
discussed Cited as authority (rule) Jeffrey Panarello v. Commack Volunteer Ambulance, Suffolk County, N.Y.S., Stony Brook Hospital, Northwell Health, Perry Johnson and Associates, Gerber Ciano Kelly Brady, P.O. Keith Kramer, P.O. Popilaski, P.O. Smith, Robert Berbench, Esq., Paul Bourne, Esq. (2×)
E.D.N.Y · 2025 · confidence medium
“Even claims based upon different legal theories are barred provided they arise from the same transaction or occurrence.” Cieszkowska v. Gray Line New York, 295 F.3d 204, 205 (2d Cir. 2002) (per curiam) (“Once a final judgment has been entered on the merits of a case, that judgment will bar any subsequent litigation by the same parties or those in privity with them concerning the transaction, or series of connected transactions, out of which the first action arose.”) (alterations omitted). “[R]es judicata applies to pro se plaintiffs whose claims in a second action are based on the s…
discussed Cited as authority (rule) CORBIN v. FRENCH
E.D. Pa. · 2025 · confidence medium
Moreover, “[a] dismissal under the in forma pauperis statute also qualifies as an adjudication on the merits carrying preclusive effect for purposes of any future in forma pauperis actions raising the same claim.” Gimenez v. Morgan Stanley DW, Inc., 202 F. App’x 583, 584 (3d Cir. 2006) (citing Cieszkowska v. Gray Line N.Y., 295 F.3d 204, 205-06 (2d Cir. 2002)).
discussed Cited as authority (rule) Panarello v. Suffolk County
E.D.N.Y · 2025 · confidence medium
“Even claims based upon different legal theories are barred provided they arise from the same transaction or occurrence.” Cieszkowska v. Gray Line New York, 295 F.3d 204, 205 (2d Cir. 2002) (per curiam) (“Once a final judgment has been entered on the merits of a case, that judgment will bar any subsequent litigation by the same parties or those in privity with them concerning the transaction, or series of connected transactions, out of which the first action arose.”) (alterations omitted). “[R]es judicata applies to pro se plaintiffs whose claims in a second action are based on the s…
discussed Cited as authority (rule) Phillips v. The Long Island Railroad Company
E.D.N.Y · 2024 · confidence medium
“Even claims based upon different legal theories are barred provided they arise from the same transaction or occurrence.” Cieszkowska v. Gray Line N.Y., 295 F.3d 204, 206 (2d Cir. 2002) (quoting L–Tec Elecs.
cited Cited as authority (rule) Scriven v. Barnum
E.D.N.Y · 2024 · confidence medium
“Even claims based upon different legal theories are barred provided they arise from the same transaction or occurrence.” Cieszkowska v. Gray Line N.Y., 295 F.3d 204, 205 (2d Cir. 2002).
cited Cited as authority (rule) Trotman v. Riley
W.D.N.Y. · 2024 · confidence medium
Johnsbury, 270 Fed.Appx. 52 (2d Cir. 2008); Cieszkowska v. Gray Line N.Y., 295 F.3d 204, 205-06 (2d Cir. 2002).
discussed Cited as authority (rule) Jackson v. Warner Music Group Corp.
S.D.N.Y. · 2024 · confidence medium
See 28 U.S.C. § 1915 (e)(2)(B)(ii); Cieszkowska v. Gray Line N.Y., 295 F.3d 204, 205-06 (2d Cir. 2002) (holding that the plaintiff’s IFP action, which was dismissed as barred by claim preclusion (res judicata), was properly dismissed for failure to state a claim on which relief may be granted).
discussed Cited as authority (rule) Cobb v. Carriage House
E.D. Mo. · 2024 · confidence medium
Comm'n of Wis., 860 F.3d 461, 468-70 (7th Cir. 2017) (discussing whether a dismissal under § 1915(e)(2)(B) has same effect as dismissal under Rule 12(b)(6)); Cieszkowska v. Gray Line New York, 295 F.3d 204, 205-06 (2d Cir. 2002) (giving res judicata effect to a prior suit which had been dismissed under 28 U.S.C. § 1915 (e)(2)(B)(ii)); Gleash v. Yuswak, 308 F.3d 758, 760-61 (7th Cir. 2002) (discussing claim preclusion under § 1915(2)(2)(B)); Gimenez v. Morgan Stanley DW, Inc., 202 F. App'x 583, 583-84 (3d Cir. 2006) (per curiam) (“A dismissal under the in forma pauperis statute also qualif…
discussed Cited as authority (rule) KUZNICKI v. NATIONAL CHURCH RESIDENCES OF PENN HILLS, PA
W.D. Pa. · 2024 · confidence medium
Stores, Inc. v. Moitie, 452 U.S. 394 , 399 n. 3 (1981) (“The dismissal for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6) is a ‘judgment on the merits’” for purposes of res judicata. (citation omitted)); Cieszkowska v. Gray Line New York, 295 F.3d 204, 205-06 (2d Cir. 2002) (giving res judicata effect to a prior suit which had been dismissed under 28 U.S.C. § 1915 (e)(2)(B)Gi) for failure to state a claim upon which relief could be granted and hence barring a second suit which the District Court dismissed “for failure to state a claim pursuant to 28 U.S.C. �…
cited Cited as authority (rule) IRVING H. PICARD, Trustee for the Substantively Co v. Sage
Bankr. S.D.N.Y. · 2023 · confidence medium
Cieszkowska v. Gray Line N.Y., 295 F.3d 204, 206 (2d Cir. 2002).
discussed Cited as authority (rule) Davidson v. Ferring Pharmaceuticals Inc.
E.D. Mo. · 2023 · confidence medium
Comm’n of Wis., 860 F.3d 461, 468-70 (7th Cir. 2017) (discussing whether a dismissal under § 1915(e)(2)(B) has same effect as dismissal under Rule 12(b)(6)); Cieszkowska v. Gray Line New York, 295 F.3d 204, 205-06 (2d Cir. 2002) (giving res judicata effect to a prior suit which had been dismissed under 28 U.S.C. § 1915 (e)(2)(B)(ii)); Gleash v. Yuswak, 308 F.3d 758, 760-61 (7th Cir. 2002) (discussing claim preclusion under § 1915(2)(2)(B)); Gimenez v. Morgan Stanley DW, Inc., 202 F. App’x 583, 583-84 (3d Cir. 2006) (per curiam) (“A dismissal under the in forma pauperis statute also qu…
discussed Cited as authority (rule) Pinkard v. NYC Department of Education-DOE
E.D.N.Y · 2023 · confidence medium
“Even claims based upon different legal theories are barred provided they arise from the same transaction or occurrence.” Cieszkowska v. Gray Line N.Y., 295 F.3d 204, 205 (2d Cir. 2002) (per curiam) (citation omitted).
discussed Cited as authority (rule) Demarest v. Town of Underhill
D. Vt. · 2022 · confidence medium
However, the doctrine is equally applicable to pro se plaintiffs.9 See Cieszkowska v. Gray Line N.Y., 295 F.3d 204, 205-06 (2d Cir. 2002) (affirming dismissal of pro se plaintiff’s 9 The Court notes that Plaintiff was represented by counsel in state court. complaint on res judicata grounds where plaintiff raised new legal theory involving the same events as those alleged in the first complaint).
discussed Cited as authority (rule) Curcio v. Grossman
S.D.N.Y. · 2022 · confidence medium
(Id. at 5-6, 7-8.) Accordingly, the Court dismisses, for failure to state a claim, any of Plaintiff’s claims raised in the present action against Abrams and Roberts arising from those defendants’ representation of Plaintiff’s children or ex- husband, or from their causing Plaintiff’s arrest, that arise from events alleged in Curcio I.2 See Cieszkowska v. Gray Line N.Y., 295 F.3d 204, 205-06 (2d Cir. 2002) (a dismissal for claim preclusion is a dismissal for failure to state a claim).
discussed Cited as authority (rule) Eckert v. Suffolk County Sheriff
E.D.N.Y · 2022 · confidence medium
Johnsbury, 270 F. App’x 52 (2d Cir. 2008); Cieszkowska v. Gray Line N.Y., 295 F.3d 204, 205-06 (2d Cir. 2002) (affirming district court’s res judicata dismissal of an in forma pauperis action previously dismissed for failure to state a claim under 28 U.S.C. § 1915 (e)(2)(B)(ii)).
discussed Cited as authority (rule) Jolly v. Excelsior College
N.D.N.Y. · 2021 · confidence medium
“Under the doctrine of res judicata, once a final judgment has been entered on the merits of a case, that judgment will bar any subsequent litigation by the same parties or those in privity with them concerning the transaction, or series of connected transactions, out of which the [first] action arose.” See Cieszkowska v. Gray Line New York, 295 F.3d 204, 205 (2d Cir. 2002) (quoting Maharaj v. Bankamerica Corp., 128 F.3d 94, 97 (2d Cir. 1997)) (internal quotation marks omitted) (alterations in original); accord Waldman v. Village of Kiryas Joel, 207 F.3d 105, 108 (2d Cir. 2000).
cited Cited as authority (rule) Limtung v. Thomas
E.D.N.Y · 2021 · confidence medium
See In re Teltronics Servs., Inc., 762 F.2d 185, 193 (2d Cir. 1985); Cieszkowska v. Gray Line N.Y., 295 F.3d 204, 206 (2002) (per curiam).
discussed Cited as authority (rule) Magassouba v. Cascione, Purcigliotti, & Galluzzi, P.C.
S.D.N.Y. · 2021 · confidence medium
“The fact that causes of action may be stated separately, invoke different legal theories, or seek different relief will not permit relitigation of claims[.]” Pondview Corp. v. Blatt, 95 A.D.3d 980, 980 (2d Dep’t 2014); Cieszkowska v. Gray Line New York, 295 F.3d 204, 205 (2d Cir. 2002) (“Even claims based upon different legal theories are barred provided they arise from the same transaction or occurrence.” (quotation omitted)).
discussed Cited as authority (rule) Gina Russomanno v. Dan Dugan
3rd Cir. · 2021 · confidence medium
See Sheridan, 609 F.3d at 239 ; Cieszkowska v. Gray Line New York, 295 F.3d 204, 206 (2d Cir. 2002) (per curiam) (determining that an employee’s wrongful discharge and national origin discrimination suits involved the same factual predicate for res judicata purposes); cf. Brzostowski v. Laidlaw Waste Sys., Inc., 49 F.3d 337, 339 (7th Cir. 1995) (noting previous holding that res judicata bars an employee’s breach of contract action arising from the same events as a prior age discrimination suit).5 Russomanno argues that she could not have brought her discrimination claims in the first lawsu…
discussed Cited as authority (rule) Gonzalez v. Connecticut Department of Correction
D. Conn. · 2021 · confidence medium
“This principle prevents a plaintiff from litigating claims that were or could have been raised in a prior action against the same defendant,” and “[e]ven claims based upon different legal theories are barred provided they arise from the same transaction or occurrence.” Cieszkowska v. Gray Line N.Y., 295 F.3d 204, 205 (2d Cir. 2002).
discussed Cited as authority (rule) Griffin v. DiNapoli
N.D.N.Y. · 2021 · confidence medium
“In the instant case, the factual predicates of plaintiffs allegations in the first and second complaints involve the same events . . . [a]Jccordingly, the claims in [Plaintiff's] «lin forma pauperis complaint are now barred by res judicata.” Cieszkowska v. Gray Line New York, 295 F.3d 204, 206 (2d Cir. 2002).
discussed Cited as authority (rule) Stinson v. Tucker
S.D.N.Y. · 2021 · confidence medium
The Court therefore dismisses those claims for failure to state a claim on which relief may be granted under the doctrine of claim preclusion.5 See Cieszkowska v. Gray Line N.Y., 295 F.3d 204, 205-06 (2d Cir. 2002) (holding that the plaintiff’s in forma pauperis action, which was dismissed as barred by claim preclusion (res judicata), was properly dismissed for failure to state a claim); see also Thai-Lao Lignite (Thailand) Co., Ltd. v. Gov’t of the Lao People’s Democratic Republic, 864 F.3d 172, 191 (2d Cir. 2017) (“[C]ourts may consider certain affirmative defenses, such as [issue pr…
discussed Cited as authority (rule) Williams v. Bharara
S.D.N.Y. · 2021 · confidence medium
See 28 U.S.C. § 1915 (e)(2)(B)(ii); Cieszkowska v. Gray Line N.Y., 295 F.3d 204, 205-06 (2d Cir. 2002) (holding that the plaintiff’s IFP action, which was dismissed as barred by res judicata, was properly dismissed for failure to state a claim); see also Jones v. Bock, 549 U.S. 199, 215 (2007) (“Whether a particular ground for opposing a claim may be the basis for dismissal for failure to state a claim depends on whether the allegations in the complaint suffice to establish that ground, not on the nature of the ground in the abstract.” (citing Leveto v. Lapina, 258 F.3d 156, 161 (3rd Ci…
cited Cited as authority (rule) Keyes v. Wilson
E.D.N.Y · 2020 · confidence medium
Cieszkowska v. Gray Line New York, 295 F.3d 204, 205 (2d Cir. 2002).
discussed Cited as authority (rule) Allen v. eBay, Inc.
S.D. Ohio · 2020 · confidence medium
See Taylor v. Reynolds, 22 F. App’x 537, 539 (6th Cir. 2001) (“The dismissal of [the plaintiff’s] claims under § 1915(e)(2)(B) creates a res judicata bar . . . .”); Murray v. Reed, 69 F. App’x 246, 247 (6th Cir. 2003) (citing Cieszkowska v. Gray Line New York, 295 F.3d 204, 206 (2d Cir. 2002) (giving res judicata effect to a prior suit that had been dismissed under 28 U.S.C. § 1915 (e)(2)(B)(ii) for failure to state a claim upon which relief could be granted and hence barring a second suit which the district court dismissed “for failure to state a claim pursuant to 28 U.S.C. § 1…
discussed Cited as authority (rule) Daniel v. Tucker
S.D.N.Y. · 2020 · confidence medium
See 28 U.S.C. § 1915 (e)(2)(B)(ii); Cieszkowska v. Gray Line N.Y., 295 F.3d 204, 205-06 (2d Cir. 2002) (holding that the plaintiff’s in forma pauperis action, which was dismissed as barred by res judicata, was properly dismissed for failure to state a claim).
discussed Cited as authority (rule) Williams v. Fay Servicing, LLC
E.D.N.Y · 2020 · confidence medium
“Even claims based upon different legal theories are barred provided they arise from the same transaction or occurrence.” Cieszkowska v. Gray Line N.Y., 295 F.3d 204, 205 (2d Cir. 2002) (citation omitted).
discussed Cited as authority (rule) Clark v. Calcasieu Parish
W.D. La. · 2019 · confidence medium
See Newsome v. Equal Employment Opportunity Commission, 301 F.3d 227, 231-33 (5th Cir.2002) (affirming dismissal of non-prisoner claims for frivolity and failure to state a claim under § 1915(e)(2)(B)(i) and (ii)); Cieszkowska v. Gray Line New York, 295 F.3d 204, 205-206 (2nd Cir.2002) (affirming dismissal of in forma pauperis non-prisoner case for failure to state a claim pursuant to 28 U.S.C. § 1915 (e)(2)); see also Benson v. O’Brian, 179 F.3d 1014 , (6th Cir.1999) (complaints in actions not pursued in forma pauperis are not subject to “screening” under § 1915(e)(2)); Bazrowx v. Sc…
discussed Cited as authority (rule) Salahuddin v. Donnellan Gambella
S.D.N.Y. · 2019 · confidence medium
See 28 U.S.C. § 1915 (e)(2)(B)(ii); Cieszkowska v. Gray Line N.Y., 295 F.3d 204, 205-06 (2d Cir. 2002) (holding that the plaintiff’s in forma pauperis action, which was dismissed as barred by res judicata, was properly dismissed for failure to state a claim).
discussed Cited as authority (rule) Bell v. Nassau Intrim Finance Authority (2×)
E.D.N.Y · 2019 · confidence medium
Cieszkowska v. Gray Line New York, 295 F.3d 204, 205 (2d Cir. 2002).
discussed Cited as authority (rule) Mitchell v. CIGNA Corporation
S.D.N.Y. · 2019 · confidence medium
See 28 U.S.C. § 1915 (e)(2)(B)(ii); Wachtmeister v. Swiesz, 59 F. App’x 428, 429 (2d Cir. 2003) (summary order) (“Dismissal under Rule 12(b)(6) [of the Federal Rules of Civil Procedure] is appropriate when a defendant raises collateral estoppel, or issue preclusion, as an affirmative defense and it is clear from the face of the complaint, and consideration of matters which the court may take judicial notice of, that the plaintiff’s claims are barred as a matter of law.”) (citing Conopco, Inc. v. Roll Int’l, 231 F.3d 82, 86-87 (2d Cir. 2000)); Cieszkowska v. Gray Line N.Y., 295 F.3d …
discussed Cited as authority (rule) Key v. Does
E.D. Ark. · 2016 · confidence medium
See Michau v. Charleston Cty., S.C., 434 F.3d 725 , 728 (4th Cir. 2006) (holding that 28 U.S.C. § 1915 (e)(2)(B) “governs IFP filings in addition to complaints filed by prisoners”); Lister v. Dep’t of Treasury, 408 F.3d 1309, 1312 (10th Cir. 2005) (applying section 1915(e)(2)(B) to nonprisoner after explaining that “Section 1915(a) applies to all persons applying for IFP status, and not just to prisoners”); Lopez v. Smith, 203 F.3d 1122 , 1126 n.7 (9th Cir. 2000) (“While section 1915(e) applies to all in forma pauperis complaints, section 1915A applies only to actions in which a p…
discussed Cited as authority (rule) Abdullah v. Small Business Banking Department of the Bank of America
3rd Cir. · 2016 · confidence medium
See Federated Dep’t Stores, Inc. v. Moitie, 452 U.S. 394 , 399 n.3, 101 S.Ct. 2424 , 69 L.Ed.2d 103 (1981); Cieszkowska v. Gray Line N.Y., 295 F.3d 204, 205-06 (2d Cir. 2002) (per curiam). 1 *415 Accordingly, we will summarily affirm the District Court’s judgment. * This disposition is not an opinion of the full Court and pursuant to I.O.P.
examined Cited as authority (rule) Tina Davis v. Butler County, Ohio (5×) also: Cited "see, e.g."
6th Cir. · 2016 · confidence medium
The Supreme Court left open the question of whether dismissal under § 1915(e) "could ... have a res judicata effect on frivolousness determinations for future in forma pauperis petitions,” Denton, 504 U.S. at 34 , 112 S.Ct. 1728 , and several circuit courts have subsequently answered this question in the affirmative, see Cieszkowska, 295 F.3d at 206 (collecting cases from the Fourth, Fifth, Seventh, and Eighth Circuits).
discussed Cited as authority (rule) Cobb v. Brigoni CA4/1
Cal. Ct. App. · 2016 · signal: cf. · confidence medium
(Id. at p. 173; cf. Cieszkowska v. Gray Line New York (2002) 295 F.3d 204, 205-206 [the doctrine of res judicata applied to bar a second in forma pauperis federal lawsuit because the plaintiff's first in forma pauperis federal lawsuit on the same claim was dismissed for failure to state a claim under 28 U.S.C. § 1915 (e)(2)].) Because Cobb's instant action alleged the same harm, or invasion of the same primary right, as alleged in his prior federal lawsuit that the federal district court dismissed in 2011 for failure to state a claim, the doctrine of res judicata applies to preclude those sam…
cited Cited as authority (rule) Abdullah v. Small Business Banking Department of Bank of America
3rd Cir. · 2016 · confidence medium
See Federated Dep’t Stores, Inc. v. Moitie, 452 U.S. 394 , 399 n. 3, 101 S.Ct. 2424 , 69 L.Ed.2d 103 (1981); Cieszkowska v. Gray Line N.Y., 295 F.3d 204, 205-06 (2d Cir.2002) (per curiam).
discussed Cited as authority (rule) Caldwell v. Pesce
E.D.N.Y · 2015 · confidence medium
Johnsbury, 270 Fed.Appx. 52 (2d Cir.2008); Cieszkowska v. Gray Line N.Y., 295 F.3d 204, 205-06 (2d Cir.2002) (affirming district court’s res judicata dismissal of an in forma pauperis action previously dismissed for failure to state a claim under 28 U.S.C. § 1915 (e)(2)(B)(ii)).
discussed Cited as authority (rule) MacKinnon v. City of New York / Human Resources Administration
2d Cir. · 2014 · confidence medium
“Even claims based upon different legal theories are barred provided they arise from the same transaction or occurrence.” Cieszkowska v. Gray Line N.Y., 295 F.3d 204, 205 (2d Cir.2002) (citation omitted).
discussed Cited as authority (rule) Smith v. Manhattan Club Timeshare Ass'n
S.D.N.Y. · 2013 · confidence medium
Cieszkowska v. Gray Line N.Y., 295 F.3d 204, 205 (2d Cir.2002) (per curiam); see Marvel Characters, Inc. v. Simon, 310 F.3d 280, 286-87 (2d Cir.2002) (discussing the transactional approach to res judicata employed in the Second Circuit). b.
discussed Cited as authority (rule) Keller v. Monroe County Sheriff's Department
7th Cir. · 2012 · confidence medium
See Gleash v. Yuswak, 308 F.3d 758, 759-60 (7th Cir.2002) (dismissal of suit under § 1915(e)(2)(B)(ii) precluded second, nearly identical suit filed in forma pauperis); Cieszkowska v. Gray Line New York, 295 F.3d 204, 205-06 (2d Cir.2002) (dismissal under the in forma pauperis statute qualifies as an adjudication on the merits carrying preclusive effect for purposes of subsequent in forma pauperis actions raising same claims).
discussed Cited as authority (rule) Bey v. City of New York
2d Cir. · 2011 · confidence medium
Appellants’ former status as pro se litigants does not propel them over the res judicata hurdle; this Court has held that res judicata applies to pro se plaintiffs whose claims in a second action are based on the same factual predicates presented in the first action. *6 See Cieszkowska v. Gray Line New York, 295 F.3d 204, 205-06 (2d Cir.2002) (per curiam).
examined Cited as authority (rule) Berrios v. New York City Housing Authority (3×) also: Cited "see"
2d Cir. · 2009 · confidence medium
As the sufficiency of a complaint to state a claim on which relief may be granted is a question of law, see, e.g., De Jesus v. Sears, Roebuck & Co., Inc., 87 F.3d 65, 69 (2d Cir.), cert. denied, 519 U.S. 1007 , 117 S.Ct. 509 , 136 L.Ed.2d 399 (1996); McCall v. Pataki, 232 F.3d at 322-23 , the dismissal for failure to state a claim is a final judgment on the merits and thus has res judi cata effects, see, e.g., Federated Department Stores, Inc. v. Moitie, 452 U.S. 394, 398 , 399 & n. 3, 101 S.Ct. 2424 , 69 L.Ed.2d 103 (1981) (discussing dismissal pursuant to Fed.R.Civ.P. 12(b)(6)); Cieszkowska …
discussed Cited as authority (rule) Robert R. Porter v. Harry J. Cancelmi, J (2×) also: Cited "see"
3rd Cir. · 2008 · confidence medium
See Denton v. Hernandez, 504 U.S. 25, 34 , 112 S.Ct. 1728 , 118 L.Ed.2d 340 (1992); Ciesz-kowska v. Gray Line New York, 295 F.3d 204, 205-06 (2d Cir.2002) (per curiam).
discussed Cited as authority (rule) Bancol y Cia. S. en C. v. Bancolombia S.A. (2×) also: Cited "see"
2d Cir. · 2008 · confidence medium
“Even claims based upon different legal theories are barred provided they arise from the same transaction or occurrence.” Cieszkowska v. Gray Line New York, 295 F.3d 204, 205 (2d Cir.2002) (internal quotation marks omitted).
discussed Cited as authority (rule) Sutliffe v. Epping
D.N.H. · 2008 · confidence medium
Gray Line N.Y., 295 F.3d 204, 206 (2d Cir. 2002), so the outcome is yet another testament to the perils of self- representation. “[A] party who tries his own case is like a man cutting his own hair--in a poor position to appraise what he is doing.” Carr v .
discussed Cited as authority (rule) Sutliffe v. Epping School District
D.N.H. · 2008 · confidence medium
This can happen even though, as here, a plaintiff did not have the benefit of counsel in the prior proceedings, see, e.g., Cieszkowska v. Gray Line N.Y., 295 F.3d 204, 206 (2d Cir.2002), so the outcome is yet another testament to the perils of self-representation. "[A] party who tries his own case is like a man cutting his own hair — in a poor position to appraise what he is doing.” Carr v. FTC, 302 F.2d 688, 690 (1st Cir.1962). 15 .
Retrieving the full opinion text from the archive…
Joanna CIESZKOWSKA, Plaintiff-Appellant,
v.
GRAY LINE NEW YORK, Defendant-Appellee
Docket 02-7041.
Court of Appeals for the Second Circuit.
Jul 3, 2002.
295 F.3d 204
Joanna Cieszkowska, pro se, New York, NY, for appellant., Diane Windholz, Jackson Lewis Schnit-zler & Krupman, New York, NY, for ap-pellee.
McLaughlin, Calabresi, Parker.
Cited by 104 opinions  |  Published
[*205] PER CURIAM.

Plaintiff Joanna Cieszkowska appeals a judgment of the United States District Court for the Southern District of -New York (Preska, J.), dismissing her complaint, filed in forma pauperis, for failure to state a claim pursuant to 28 U.S.C. § 1915(e)(2) because the complaint was barred by res judicata.

In December 1997, plaintiff was terminated from her employment as a tour guide for Gray Line New York (“Gray Line”) allegedly because of her falsification of her time records. Proceeding pro se, plaintiff filed an action in forma pauperis against Gray Line in January 2000, claiming wrongful discharge, discharge without cause, and defamation of a professional reputation. She further contended that Gray Line erroneously “garnished” her wages by incorrectly calculating her work hours. She did not assert, however, that she was discharged as a result of discrimination on the basis of national origin. The district court dismissed her complaint pursuant to 28 U.S.C. § 1915(e)(2) (“[T]he court shall dismiss the case at any time if the court determines that ... the action or appeal ... fails to state a claim on which relief may be granted.”). The court found that the allegation of improper wage garnishing failed to state a claim under the Fair Labor Standards Act, 29 U.S.C. § 201 et seq., and that no private right of action for a claim existed under the Consumer Credit Protection Act, 15 U.S.C. § 1671 et seq. The court also determined that the plaintiffs claim that she was defamed failed to state a federal cause of action. The district court’s dismissal was summarily affirmed on appeal.

On November 3, 2000, plaintiff filed the instant complaint against Gray Line in forma pauperis, alleging, inter alia, that Gray Line engaged in unlawful discrimination by wrongfully discharging her on the basis of national origin. The district court issued an order dismissing the complaint pursuant to § 1915(e), on the grounds that plaintiffs claims focused on essentially the same facts as those asserted in her first federal complaint, and, hence, were barred by res judicata under Denton v. Hernandez, 504 U.S. 25, 34, 112 S.Ct. 1728, 118 L.Ed.2d 340 (1992) (finding that a dismissal under § 1915(e), while not a dismissal on the merits, could have a res judicata effect on subsequent actions filed informa pauperis). The lower court also denied plaintiffs motion for reconsideration, concluding that plaintiff did not show the existence of an intervening change of controlling law, the availability of new evidence, or the need to correct a clear error or prevent manifest injustice.

We review de novo a dismissal under § 1915(e). Neal v. Goord, 267 F.3d 116, 119 (2d Cir.2001). Under § 1915, “the court shall dismiss the case at any time if the court determines that ... the action or appeal ... fails to state a claim on which relief may be granted.” § 1915(e)(2)(B)(ii). Under the doctrine of res judicata, “once a final judgment has been entered on the merits of a case, that judgment will bar any subsequent litigation by the same parties or those in privity with them concerning the transaction, or series of connected transactions, out of which the [first] action arose.” Maharaj v. Bankamerica Corp., 128 F.3d 94, 97 (2d Cir.1997) (internal quotation marks omitted) (alterative in original). This principle prevents a plaintiff from litigating claims that were or could have been raised in a prior action against the same defendant. L-Tec Elecs. Corp. v. Cougar Elec. Org., Inc., 198 F.3d 85, 87-88 (2d Cir.1999) (per curiam). “Even claims based upon different legal theories are barred provided they arise from the same transaction or occurrence.” Id. at 88. In Denton, the Supreme Court[*206] held that, while a dismissal under § 1915(e) “does not prejudice the filing of a paid complaint making the same allegations,” it “could, however, have a res judi-cata effect on frivolousness determinations for future in forma pauperis petitions.” 504 U.S. at 34, 112 S.Ct. 1728. Following Denton, various circuits have so held. See Okoro v. Bohman, 164 F.3d 1059, 1062 (7th Cir.1999); Marts v. Hines, 117 F.3d 1504, 1505 n. 8 (5th Cir.1997); Waller v. Groose, 38 F.3d 1007, 1008 (8th Cir.1994); Brown v. Briscoe, 998 F.2d 201, 203 (4th Cir.1993). We agree with the reasoning of these courts.

In the instant case, the factual predicates of plaintiffs allegations in the first and second complaints involve the same events concerning her employment, pay history, and termination. Although she raises a new legal theory in her second complaint, namely her claim of discrimination on the basis of nation origin, Cieszkowska could have brought that cause of action in her prior action. Accordingly, the claims in her second in forma pauper-is complaint are now barred by res judicata, and the district court properly dismissed her complaint under § 1915(e).

Defendant requests that we sanction plaintiff for her pursuit of this litigation. We decline to do so at this juncture.

Having reviewed all of plaintiffs claims and finding them to be without merit, we AFFIRM the judgment of the district court granting summary judgment for defendant.