Clifford Smith v. Charter Communication, Inc. (S

MEMORANDUM

Clifford James Smith appeals pro se the district court’s order dismissing his case. Smith’s complaint alleged that Paul Allen and Charter Communications, Inc., violated several different federal securities laws and committed tortious acts of fraud and misrepresentation. We have jurisdiction over this matter pursuant to 28 U.S.C. § 1291 . The facts of the case are known to the parties. We repeat them only as necessary.

I

We review de novo a district court’s grant of a motion to dismiss. Knievel v. ESPN, 393 F.3d 1068, 1072 (9th Cir.2005). We review de novo a district court’s interpretation of a consent decree. Nehmer v. U.S. Dep’t of Veterans Affairs, 494 F.3d 846, 855 (9th Cir.2007). We also review de novo a district court’s determination that a claim is barred by res judicata. Manufactured Home Cmtys. Inc. v. City of San Jose, 420 F.3d 1022 , 1025 (9th Cir.2005).

II

The district court correctly interpreted the scope of the Third Party Release provision (releases) in the Charter reorganization to include Smith’s claims. As a former shareholder, Smith was subject to the terms of the reorganization plan even though he did not acquiesce to its terms. 11 U.S.C. § 1141…