Mitchell R. Tanner v. Edward J. Derwinski, Secretary of Veterans Affairs

5 F.3d 540 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Mitchell R. TANNER, Plaintiff-Appellant, v. Edward J. DERWINSKI, ** Secretary of Veterans Affairs, et al., Defendants-Appellees. No. 93-55481. United States Court of Appeals, Ninth Circuit. Submitted Aug. 11, 1993. * Decided Aug. 16, 1993. Before: PREGERSON, BRUNETTI, and RYMER, Circuit Judges. 1 MEMORANDUM *** 2 Mitchell R. Tanner appeals pro se the district court's dismissal of his handicap discrimination and retaliation action. We have jurisdiction under 28 U.S.C. Sec. 1291 . This court reviews de novo the district court's determination that an action is barred by the doctrine of res judicata. Robi v. Five Platters, Inc., 838 F.2d 318, 321 (9th Cir.1988). We affirm. 3 The district court dismissed Tanner's discrimination and retaliation claims, finding that the final judgment in Tanner's prior action serves to bar these claims for relief based on the same facts. Tanner contends that the district court erred in…