Jose Bonilla v. Michael Smelosky

MEMORANDUM

Jose Bonilla, a California state prisoner, appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging due process and equal protection violations in connection with gang validation proceedings. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. San Remo Hotel L.P. v. San Francisco City & County, 364 F.3d 1088, 1094 (9th Cir.2004) (dismissal based on issue preclusion); Lee v. City of Los Angeles, 250 F.3d 668, 679 (9th Cir.2001) (dismissal under Fed.R.Civ.P. 12(b)(6) for failure to state a claim). We affirm.

The district court properly dismissed Bonilla’s due process claims because the issue of whether the evidence used to validate Bonilla’s gang association was insufficient or unreliable was actually litigated and decided as a critical part of the judgment in Bonilla’s prior state court action. See White v. City of Pasadena, 671 F.3d 918, 927 (9th Cir.2012) (elements of issue preclusion under California law); Silverton v. Dep’t of Treasury, 644 F.2d 1341 , 1346- 47 (9th Cir.1981) (“[BJecause of the nature of a' state habeas proceeding, a decision actually rendered should preclude an identical issue from being…