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Terry Faison Williams and Louis T. Faison, Sr. v. United States of America

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF PENNSYLVANIA


March 9, 2012

TERRY FAISON WILLIAMS AND LOUIS T. FAISON, SR. PLAINTIFFS,
v.
UNITED STATES OF AMERICA, DEFENDANT.

The opinion of the court was delivered by: (mannion, M.J.)

(JONES, D.J.)

REPORT AND RECOMMENDATION*fn1

Pending before the court are plaintiff Terry Faison Williams' motion for leave to proceed in forma pauperis (Doc. No. 2) and plaintiff Louis T. Faison, Sr.'s motion to appoint counsel. (Doc. No. 5). For the reasons set forth below, the court will recommend that plaintiff's motion to proceed in forma pauperis be GRANTED, the motion for counsel be DENIED, and the complaint be DISMISSED with prejudice.

I. BACKGROUND

Terry Faison Williams filed the instant complaint on January 11, 2012, as a wrongful death action pursuant to the Federal Torts Claims Act ("FTCA"). Ms. Williams filed the instant action due to the alleged wrongful death of her father, Louis T. Faison, Sr., whom she also names as a plaintiff to this complaint.

Ms. Williams attempted to file the same action previously. See 4:11-CV-00395 (Jones, J.). The action was dismissed by Judge Jones on August 5, 2011, based on Ms. Williams' lack of standing. The Memorandum and Order dismissing that action are attached to the instant report and recommendation. Ms. Williams is attempting to re-litigate that action. She is barred from doing so by the doctrine of res judicata. The proper course of action is to appeal the August 5, 2011, decision. In fact, it appears from the docket that she currently has an appeal of that case pending before the Third Circuit.

Plaintiff's motion to appoint counsel*fn2 is moot, as the instant action is proceeding as an appeal of 4:11-CV-00395 via USCA case number 12-1112.

II. RECOMMENDATION

For the reasons set forth above, IT IS RECOMMENDED THAT,

(1) Plaintiff's Motion for Leave to Proceed in forma pauperis be GRANTED;

(2) Plaintiff's Motion to Appoint Counsel Be DENIED;

(3) The complaint be DISMISSED WITH PREJUDICE.

MALACHY E. MANNION United States Magistrate Judge


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