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Joel David JOSEPH, Plaintiff-Appellant, v. AMERICAN GENERAL LIFE INSURANCE COMPANY, Defendant-Appellee.
MEMORANDUM **
Joel David Joseph appeals pro se from the district court's judgment dismissing his diversity action stemming from his father's life insurance policy. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Cervantes v. Countrywide Home Loans, Inc., 656 F.3d 1034, 1040 (9th Cir. 2011) (dismissal under Federal Rule of Civil Procedure 12(b)(6)); Mpoyo v. Litton Electro-Optical Sys., 430 F.3d 985, 987 (9th Cir. 2005) (dismissal on the basis of res judicata). We affirm.
The district court properly dismissed Joseph's action because Joseph's claims were raised, or could have been raised, in Joseph's prior federal action between the parties that resulted in a final judgment on the merits. See id. at 987-88 (setting forth elements of res judicata, and explaining this court's transaction test used to determine whether two suits share a common nucleus of operative fact).
AFFIRMED.
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Docket No: No. 20-56213
Decided: August 25, 2021
Court: United States Court of Appeals, Ninth Circuit.
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