John Cobb v. Jose Juarez

MEMORANDUM

John Cobb 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 a traffic stop on a college campus, and defendants Juarez and Cox cross-appeal. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Stewart v. U.S. Bancorp, 297 F.3d 953, 956 (9th Cir.2002) (dismissal on the basis of the doctrine of res judicata). We may affirm on an ground supported by the record. Johnson v. Riverside Healthcare Sys., LP, 534 F.3d 1116, 1121 (9th Cir.2008). We affirm.

Dismissal of Cobb’s action as precluded by the doctrine of res judicata was proper as to all defendants because Cobb alleged nearly identical claims arising out of the same traffic stop and resulting search against these defendants, or parties with whom they are in privity, in a prior action in which there was a final judgment on the merits. See Stewart, 297 F.3d at 956-57 (setting forth elements of the doctrine of res judicata, as a bar to re-litigation of claims that were raised and that could have been raised in the prior action, and noting that, all dismissals other than those for lack of jurisdiction, improper venue, or…