Angel Ortiz Diamond v. John Gutierrez, Officer of the Oakland Police Dept. City of Oakland, California

967 F.2d 585 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Angel Ortiz DIAMOND, Plaintiff-Appellant, v. John GUTIERREZ, Officer of the Oakland Police Dept.; City of Oakland, California, et al., Defendants-Appellees. No. 90-15435. United States Court of Appeals, Ninth Circuit. Submitted June 8, 1992. * Decided June 15, 1992. Before JAMES R. BROWNING, PREGERSON and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 The district court dismissed Diamond's complaint pursuant to Fed.R.Civ.P. 12(b)(6). Diamond appeals pro se the dismissal of his first, third and fifth causes of action. 3 We affirm the dismissal of the first cause of action as barred by collateral estoppel. The state trial court ruled the January 28, 1986, search and seizure did not violate the Fourth Amendment. Diamond may not relitigate the issue in federal court. See Ayers v. City of Richmond, 895 F.2d 1267, 1270-72 (9th Cir.1990). 4 We affirm the dismissal of the third cause of action as untimely. The allegedly…