Gustave Link v. John Duncan

MEMORANDUM

Gustave William Link appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging various claims related to his termination from a pile driver union’s apprenticeship program. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a dismissal on the basis of the doctrine of res judicata, Stewart v. U.S. Bancorp, 297 F.3d 953, 956 (9th Cir.2002), and we affirm.

The district court properly dismissed Link’s action because Link alleged nearly identical claims arising out of the same facts against the same defendants in a prior action in which the court entered a final judgment on the merits. See Link v. California, 895 Fed.Appx. 383 (9th Cir.2010); Stewart, 297 F.3d at 956-57 (setting forth elements of the doctrine of res judicata, and noting that “dismissal for failure to state a claim” constitutes a final judgment to which res judicata applies).

Link’s contentions regarding the alleged impropriety of giving preclusive effect to the prior judgment as to claims that Link failed to allege in that action are contrary to established law. See id. at 956 (noting that res judicata bars subsequent litigation of claims that were…