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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND : : : : : : :

IVANNE O'NEAL, as Personal Representative of Jabree O'Neal and individually v. J. JOSEPH CURRAN, et al.

Civil No. CCB-05-3153

MEMORANDUM Now pending before the court is defendants' motion to dismiss. The issues have been fully briefed and no hearing is necessary. Local Rule 105.6. For the reasons that follow, the defendants' motion will be granted. Plaintiff O'Neal alleges racial discrimination based on the amending of her son's death certificate to include the presence of the sickle cell trait as the cause of death.1 O'Neal alleges that this amendment deprived her of the right to obtain monetary damages for the untimely death of her minor son in an underlying action, and that the amendment was executed because her son was African-American, to protect a treating doctor, who is White. While not all styled as claims of racial discrimination, O'Neal has brought three other actions in the Circuit Court for Baltimore City based on the same occurrence.2 As the court finds that O'Neal's claims are

While the court is dismissing the case without addressing the merits of the case, it should be noted that the actual amendment to the death certificate lists the presence of the sickle cell trait as an "other significant condition," not as the cause of death. See Ivanne R. O'Neal v. John E. Smailek [sic], M.D., et al., Case No.: 24-C-01-000958 (dismissed May 23, 2001); Ivanne R. O'Neal as Personal Representative of the Estate of Jabree O'Neal v. Stephen S. Radentz, M.D., et al., Case No.: 24-C-02-001168 (dismissed June 12, 2002); and Ivanne R. O'Neal v. The State of Maryland, et al., Case No:24-C-05007811(dismissed November 16, 2005). 1
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barred by res judicata, the underlying facts of her claim will not be recounted at length.3 Defendants raise the affirmative defense of res judicata in support of their motion to dismiss.4 A final judgment on the merits bars further claims by the parties based on the same causes of action. Young-Henderson v. Spartanburg Area Mental Health Ctr., 945 F.2d 770, 773 (4th Cir. 1991)(quoting Montana v. United States, 440 U.S. 147, 153 (1979)). Under the Full Faith and Credit Act, 28 U.S.C.

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