Bazley

MEMORANDUM ***

Mike Bazley appeals the district court’s summary judgment in favor of three Sacramento police officers in Bazley’s 42 U.S.C. § 1983 action. Bazley, who is a state prisoner proceeding pro se, alleged that the defendants violated his rights under the Fourth and Fourteenth Amendments to the United States Constitution and Article 1, Section 1 of the California Constitution by conducting several unlawful searches and seizures at his residence. The district court granted partial summary judgment to the defendants, 1 holding that Bazley was collaterally estopped from pursuing claims for illegal search and seizure because he previously litigated the same issue in a proceeding to suppress evidence. Bazley appeals and we affirm the decision of the district court.

We review de novo the district court’s ruling that collateral estoppel was available. Bates v. Union Oil Co. of Cal., 944 F.2d 647 , 649 (9th Cir.1991). We must give preclusive effect to a California state judgment if California courts would do so. 28 U.S.C. § 1738 ; see Allen v. McCurry, 449 U.S. 90, 96 , 101 S.Ct. 411 , 66 L.Ed.2d 308 (1980).

The district court properly held that Bazley was precluded from…