Simmons

865 F.2d 1271 Unpublished Disposition NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Lawrence SIMMONS, Plaintiff-Appellant, v. UNITED STATES of America, Unknown Federal Supervisor, et al., Defendants-Appellees. No. 87-2422. United States Court of Appeals, Ninth Circuit. Submitted Nov. 28, 1988. Decided Jan. 4, 1989. Before GOODWIN, Chief Judge, BARNES and KILKENNY, Circuit Judges. 1 Lawrence Simmons, a federal prisoner, appeals the dismissal of his civil rights action under 42 U.S.C. Sec. 1985 (3), and 42 U.S.C. Sec. 1983 . We affirm. 2 Simmons' claim for the return of an automobile is frivolous because the district court had previously denied the same claim in Simmons v. United States, CR F 81-95 EDP (E.D.Cal. Nov. 26, 1986). There was no appeal and the matter became res judicata. See Bailey v. Johnson, 846 F.2d 1019, 1021 (5th Cir.1988) (an action is frivolous if it arises from the same series of events and alleges many of the same facts as another action filed by the…