MACK McCALLUM v. STATE OF CALIFORNIA (2016)

MEMORANDUM*

Mack A. McCallum appeals pro se from the district court's judgment dismissing his action alleging a violation of the ex post facto clause of the United States Constitution. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a dismissal on the basis of res judicata, Headwaters Inc. v. U.S. Forest Serv., 399 F.3d 1047, 1051 (9th Cir. 2005), and we affirm.

The district court properly dismissed McCallum's action as barred by the doctrine of res judicata because McCallum's claims were raised against the State of California in his prior federal action which resulted in a final judgment on the merits. See Stewart v. U.S. Bancorp, 297 F.3d 953, 956 (9th Cir. 2002).

McCallum's motion, filed September 11, 2015, is denied.

AFFIRMED.