Moses Johnson, AKA Musa Mata v. Charles D. Marshall, Warden

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Moses JOHNSON, aka Musa Mata, Plaintiff-Appellant, v. Charles D. MARSHALL, Warden, Defendant-Appellee. No. 92-15207. United States Court of Appeals, Ninth Circuit. Submitted Aug. 31, 1992. * Decided Oct. 5, 1992. Before CHOY, SNEED and SKOPIL, Circuit Judges. 1 MEMORANDUM ** 2 This is a prisoner appeal of the dismissal of a 42 U.S.C. § 1983 action on the ground of res judicata. The district court concluded that the claims presented were based upon the same facts and sought the same relief as the petition for habeas corpus that was denied on the merits in the Superior Court of California. As a result, the district court dismissed the action. 3 The prisoner challenges his confinement in administrative segregation and asks the court to order a thorough factual hearing to evaluate the warden's conclusion that he was a gang member. Appellant's claims are the same claims that were decided against him in the state…