Heimbaugh v. City & County of San Francisco

977 F.2d 589 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Robert A. HEIMBAUGH, Plaintiff-Appellant, v. CITY & COUNTY OF SAN FRANCISCO, San Francisco Sheriff's Dept., San Francisco Civil Service Commission, Michael Hennessey, James F. Harrigan, Betty Bortin, Dan Flynn, Peter Lichtmann, James Denman, Edgar Flower, Jr., et al., Defendants-Appellees. No. 91-16068. United States Court of Appeals, Ninth Circuit. Submitted Aug. 27, 1992. * Decided Oct. 8, 1992. Before CHOY, SNEED and SKOPIL, Circuit Judges. 1 MEMORANDUM ** 2 This case ("Heimbaugh II ") is Robert Heimbaugh's second attempt to litigate his wrongful termination claim. Heimbaugh's first try, in federal court ("Heimbaugh I "), ended in a Fed.R.Civ.P. 12(b)(6) dismissal. He then filed the same claims in state court, and the defendant removed the case to federal court. The plaintiff moved to delete his federal claims to obtain a remand back to state court. The district court denied this motion, dismissed his…