Jesus Castaneda v. R. Trimble

MEMORANDUM

California state prisoner Jesus B. Castaneda appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action arising out of the allegedly retaliatory confiscation and destruction of his medical ambulatory device. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Holcombe v. Hosmer, 477 F.3d 1094, 1097 (9th Cir. 2007) (dismissal under Fed. R. Civ. P. 12(b)(6) on the basis of claim preclusion); Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir. 2000) (dismissal under 28 U.S.C. § 1915A). We affirm.

The district court properly dismissed Castaneda’s retaliation and deliberate indifference to serious medical needs claims as barred by the doctrine of claim preclusion because they involve the same primary right as Castaneda’s state habeas petition. See Gonzales v. Cal. Dep’t of Corr., 739 F.3d 1226, 1231-34 (9th Cir. 2014) (explaining that under California law, if two actions involve the same primary right, judgment in the first action bars consideration of all matters which were raised or could have been raised in the first action, and reasoned denials of state habeas petitions have claim-preclu-sive effect notwithstanding a contention that…