Keith McHenry v. Frank Jordan City of San Francisco

81 F.3d 169 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Keith McHENRY, Plaintiff-Appellant, v. Frank JORDAN; City of San Francisco, Defendants-Appellees. No. 95-15989. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 13, 1996. Decided March 29, 1996. Order Denying Rehearing and Suggestion for Rehearing En Banc May 30, 1996. Before: CHOY, BEEZER and HAWKINS, Circuit Judges. 1 MEMORANDUM * 2 Plaintiff Keith McHenry appeals the district court's Fed.R.Civ.P. 12(b)(6) dismissal of the action he brought under 42 U.S.C. § 1983 . The district court held that McHenry's claim was precluded by prior judgments in McHenry v. Agnos, C-89-2655-VRW, and McHenry v. Agnos, California Superior Court No. 941-976. We have jurisdiction under 28 U.S.C. § 1291 . McHenry's appeal is timely, and we affirm. 3 * McHenry is the founder of a group called Food Not Bombs ("FNB"), which distributes food and political literature in San Francisco's parks and plazas.…