Mpoyo

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

KOLELA MPOYO,  No. 04-15047 Plaintiff-Appellant, v.  D.C. No.

CV-03-01005-JAT

LITTON ELECTRO-OPTICAL SYSTEMS,

OPINION

Defendant-Appellee.  Appeal from the United States District Court for the District of Arizona James A. Teilborg, District Judge, Presiding

Argued and Submitted October 19, 2005—San Francisco, California

Filed December 5, 2005

Before: Robert R. Beezer and Alex Kozinski, Circuit Judges, and Cormac J. Carney,* District Judge.

Opinion by Judge Beezer

*The Honorable Cormac J. Carney, United States District Judge for the Central District of California, sitting by designation.

15709 15712 MPOYO v. LITTON ELECTRO-OPTICAL SYSTEMS

COUNSEL

Kolela Mpoyo, Pro Se, Phoenix, Arizona, for the plaintiff- appellant.

John Alan Doran, Greenberg Traurig, LLP, Phoenix, Arizona, for the defendant-appellee.

OPINION

BEEZER, Circuit Judge:

Appellant Kolela Mpoyo appeals the district court’s dis- missal based on res judicata of his Fair Labor Standards Act (“FLSA”) and Family and Medical Leave Act (“FMLA”) claims against his former…