James Houston v. Arizona State Board of Educati

MEMORANDUM

James Martin Houston appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging federal and state law claims arising from the revocation of his substitute teaching license. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a dismissal of an action as barred by the doctrine of claim preclusion. Stewart v. U.S. Bancorp, 297 F.3d 953, 956 (9th Cir.2002). We affirm.

The district court properly dismissed Houston’s action as barred by the doctrine of claim preclusion because Houston raised, or could have raised, his claims in his prior federal action that was decided on the merits. See Stewart, 297 F.3d at 956 (stating the requirements for application of claim preclusion and noting that claim preclusion bars litigation in a subsequent action of “any claims that were raised or could have been raised in a prior action” (emphasis, citation, and internal quotation marks omitted)).

The district court did not abuse its discretion by dismissing Houston’s claims against defendant Mamaluy because Houston failed to have the summons and complaint served on Mamaluy within 120 days after his complaint was filed, and failed to show…