Phillipe Dell Fargo v. Robert Borg, Warden

972 F.2d 1338 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Phillipe Dell FARGO, Plaintiff-Appellant, v. Robert BORG, Warden, Defendant-Appellee. No. 91-16497. United States Court of Appeals, Ninth Circuit. Submitted July 29, 1992. * Decided Aug. 6, 1992. Before TANG, BEEZER and KOZINSKI, Circuit Judges. 1 MEMORANDUM ** 2 Phillipe Dell Fargo, a California state prisoner, appeals pro se the district court's summary judgment dismissal of his 42 U.S.C. § 1983 action on the ground that he had litigated the issues in a prior state action. We have jurisdiction over this timely appeal pursuant to 18 U.S.C. § 1291 , and we review de novo, Kruso v. International Tel. & Tel. Corp., 872 F.2d 1416 , 1421 (9th Cir.1989), cert. denied, 496 U.S. 937 (1990). We affirm. 3 Issues that were litigated in a state court proceeding are entitled to the same preclusive effect in a subsequent federal section 1983 suit as they enjoy in the courts of the state where the judgment was…