Wendt v. Wakefield

PER CURIAM. *

Harvey Wendt, Texas prisoner # 537128, appeals the district court’s dismissal of his 42 U.S.C. § 1983 action as malicious pursuant to 28 U.S.C. § 1915(e)(2)(B)(i). He argues that the district court erred in raising res judicata sua sponte and that the district court erred in dismissing his claims against Warden Wakefield. A review of the allegations made by Wendt against Wakefield in his previous lawsuit shows that they are sufficiently similar to the allegations made against Wakefield in this case. Therefore, the district court did not abuse its discretion in dismissing Wendt’s…