ILAW v. Joshua Zelig Feldman; Karin Morgan Cogbill, Defendants. (2021)

MEMORANDUM **

Miguel Ilaw appeals pro se from the district court's judgment dismissing his 42 U.S.C. § 1983 action alleging civil rights violations stemming from Ilaw's employment discrimination lawsuit. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Kwan v. SanMedica Int'l, 854 F.3d 1088, 1093 (9th Cir. 2017) (dismissal under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim); 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 Ilaw's claims as barred by the doctrine of res judicata because they had already been raised or could have been raised in Ilaw's prior action in 2013, which was brought against the same defendants and resulted in a final judgment on the merits. See Owens v. Kaiser Found. Health Plan, Inc., 244 F.3d 708, 713 (9th Cir. 2001) (setting forth elements of res judicata).

AFFIRMED.