Dale Thomas Waugh v. Booth Gardner

999 F.2d 546 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Dale Thomas WAUGH, Plaintiff-Appellant, v. Booth GARDNER, et al., Defendants-Appellees. No. 92-36807. United States Court of Appeals, Ninth Circuit. Submitted July 6, 1993. * Decided July 14, 1993. Before TANG, POOLE and NORRIS, Circuit Judges. 1 MEMORANDUM ** 2 Dale Thomas Waugh, a Washington state prisoner, appeals pro se the dismissal of his 42 U.S.C. § 1983 civil rights action. Waugh contends that the district court erred by finding that the doctrine of res judicata barred his equal protection and eighth amendment claims, which the district court found were identical to claims raised in his federal habeas corpus petition. He also contends that the district court erred by denying his motion for leave to amend his complaint and his motion for class certification. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm. 1 3 "We review de novo a district court's ruling on the availability of res…