* Pursuant to Fifth Circuit Rule 47.5, the Court has determined that this opinion should

not be published and is not precedent except under the limited circumstances set forth in Fifth

Circuit Rule 47.5.4. UNITED STATES COURT OF APPEALS

FIFTH CIRCUIT

_________________

No. 01-30258

(Summary Calendar)

_________________

KIRK SPENCER,

Plaintiff - Appellant,

versus

BURL CAIN; FRAN FOSTER; MARY COCKERHAM;

RICHARD L. STALDER,

Defendants - Appellees.

Appeal from the United States District Court

For the Middle District of Louisiana

00-CV-65

August 24 ,2001

Before JONES, SMITH, and EMILIO M. GARZA, Circuit Judges.

PER CURIAM: *

Kirk Spencer (“Spencer”), a Louisiana state pri soner, appeals the summary judgment dismissal-2-

of his 42 U.S.C. § 1983 claim against Warden N. Burl Cain, Fran Foster, Mary Cockerham, and

Richard Stalder (collectively, the “Appellees”). We affirm.

Spencer, while in prison, changed his name to Abdullah Muhammad. He wanted the prison

to issue a new identification card and to change the master prison record to reflect his new Muslim

name. The prison refused to comply with Spencer’s requests, but it noted in the prison records that

Spencer’s alias was Abdullah Muhammad.

Spencer filed his first § 1983 suit against the Appellees in the Middle District of Louisiana,

alleging, among other things, that the state had violated his right to equal protecti on of the laws. On

summary judgment, the district court dismissed the suit, ruling that th e st ate could decline to

recognize a name change because prisons have a legitimate interest in prison security and efficiency.

We affirmed the dismissal.

He filed a second § 1983 suit, again claiming that the prison’s refusal to recognize his Muslim

name violated his right to equal protection of the laws. In his complaint, he stated that another

prisoner, Percy Bartley (“Bartley”), had received a new identification card and had the master prison

record changed to reflect his new Muslim name. The district court dismissed the suit on summary

judgment, ruling, inter alia

, that it was barred by res judicata. Spencer now appeals from the

dismissal. We review a granting of summary judgement de novo. S ee Walker v. Thompson

, 214 F.3d

615, 625 (5th Cir. 2000).

We hold that the district court correctly dismissed the Spencer’s claim as barred by res

judicata. A prior federal court judgment has a preclusive effect on a new action if: (1) the parties to

both actions are identical; (2) a court of competent jurisdiction issued the decision in the first case;

(3) the first action concluded with a final judgment on the merits; and (4) the same claim or cause of-3-

action is involved in both suits. See Ellis v. Amex Life Ins. Co.

, 211 F.3d 935, 937 (5th Cir. 2000).

All the requi

rement s o f res judicata have been met in this case. First, the parties in both §

1983 suits are identical. Second, it is not disputed that the federal co urt in t he Middle District of

Louisiana had jurisdiction. Third, the first act io n was dismissed on summary judgment, and thus

concluded with a final judgment on the me rit s. Finally, both § 1983 cases involve identical equal

protection claims.

Spencer seems to argue that res jud icat a do es not apply because an intervening event has

created significant factual differences between his first and second § 1983 actions. See Wilson v.

Lynaugh

, 878 F.2d 846, 851 (5th Cir. 1989) (noting that new facts can c onstitute a new cause of

action if the new facts are significant and create new legal conditions). Specifically, Spencer points

out that Bartley had his name change recognized. This argument lacks merit. Bartley and Spencer

are not similarly situated for purposes of the equal protecti on clause, because Bartley, unlike Spencer,

received a state court dec isio n co mpelling the state to recognize his name change. S ee Dudley v.

Angel

, 209 F.3d 460, 463 (5th Cir. 2000) (stating that the equal protecti on clause requires similarly

situated persons to be treated alike).

AFFIRMED.