An employee filed an action against his employer in federal district court, claiming unlawful age discrimination in employment. The employee did not like the judge who was assigned to the case because the employee perceived the judge to be antagonistic to employment discrimination claims. Two weeks after filing the action and before the employer served its answer to the complaint, the employee voluntarily dismissed the action. Several months later, the employee filed an identical action in the same court. Is the employee's claim barred because of the prior dismissal