Alex Lange v. Tim Nickerson

MEMORANDUM

Alex Lange appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging state and federal claims arising out of his arrest. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a dismissal on the basis of res judicata. Mpoyo v. Litton Electro-Optical Sys., 430 F.3d 985, 987 (9th Cir.2005). We affirm.

The district court properly dismissed Lange’s action as barred.by the doctrine of res judicata because Lange could have raised his § 1983 claims in his prior California state court action, which involved the same primary rights, the same parties and their privies, and resulted in a final judgment on the merits. See Migra v. Warren City Sch. Dist. Bd. of Educ., 465 U.S. 75, 81 , 104 S.Ct. 892 , 79 L.Ed.2d 56 (1984) (in § 1983 actions, a federal court must apply the res judicata law of the state in which the judgment was entered); Fed’n of Hillside & Canyon Ass’ns v. City of Los Angeles, 126 Cal.App.4th 1180 ; 24 Cal.Rptr.3d 543, 557-58 (2004) (California’s doctrine of “[r]es- judicata bars the litigation not only of issues that were actually litigated but also issues that could have been litigated” when, among other things,…