Derek Todd v. Keirith Briesenick

MEMORANDUM

Derek Todd appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action against Davis Police officers, Yolo County prosecutors, and his son’s former tutor. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Mpoyo v. Litton Electro-Optical Sys., 430 F.3d 985, 987 (9th Cir.2005) (dismissal under the doctrine of res judicata); Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir.1998) (order) (dismissal under 28 U.S.C. § 1915 (e)(2)(B)(ii)). We affirm.

The district court properly dismissed the action because Todd’s claims were raised, or could have been raised, in a prior federal action between the parties that resulted in a final judgment on the merits. See Mpoyo, 430 F.3d at 987 (setting forth res judicata elements and requirements for identity of claims); Stewart v. U.S. Bancorp, 297 F.3d 953, 956-57 (9th Cir.2002) (the doctrine of res judicata bars subsequent litigation both of claims that were raised and those that could have been raised in the prior action; dismissal for failure to state a claim is a “judgment on the merits” for purposes of the doctrine).

AFFIRMED.

This disposition is not appropriate for publication and is…