Jirik Parez v. General Atomics

976 F.2d 737 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Jirik PAREZ, Plaintiff-Appellant, v. GENERAL ATOMICS, Defendant-Appellee. No. 91-55960. United States Court of Appeals, Ninth Circuit. Submitted Sept. 15, 1992. * Decided Sept. 22, 1992. Before GOODWIN, D.W. NELSON and REINHARDT, Circuit Judges. 1 MEMORANDUM ** 2 Jirik Parez appeals pro se the district court's dismissal of his action as frivolous pursuant to 28 U.S.C. § 1915 (d). The district court found that Parez's action was barred by res judicata. We review for abuse of discretion, Denton v. Hernandez, 112 S.Ct. 1728, 1734 (1992), and affirm. 3 Frivolous in forma pauperis complaints may be dismissed sua sponte under 28 U.S.C. § 1915 (d). Neitzke v. Williams, 490 U.S. 321, 324 (1989). A complaint is frivolous "where it lacks an arguable basis either in law or fact." Id. at 325 . 4 Under the doctrine of res judicata, a final judgment on the merits bars further claims by parties based on the same cause…