Cde
Stewart v. California Deptartment of Education
Opinion
Opinion
MEMORANDUM
Jason P. Stewart, Caitlin N. Stewart, and them mother Lindsey E. Stewart appeal pro se from the district court’s judgment dismissing their claims under 42 U.S.C. § 1983 , the Individuals with Disabilities Education Act (“IDEA”), the Americans with Disabilities Act (“ADA”), and § 504 of the Rehabilitation Act, as well as from the district court’s order declaring Lindsey Stewart a vexatious litigant and imposing a pre-filing injunction. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a dismissal for failure to state a claim, Berg v. Popham, 412 F.3d 1122, 1125 (9th Cir.2005), and for an abuse of discretion vexatious litigant and pre-filing order determinations, Mol-sk n Dynasty Corp., 500 F.3d 1047, 1056 (9th Cir.2007) (per curiam). We may affirm on any basis supported by the record. Johnson v. Riverside Healthcare Sys., LP, 534 F.3d 1116, 1121 (9th Cir.2007). We affirm in part, vacate in part, and remand.
The district court properly dismissed the claims against defendants Poway Unified School District, Phillips, and Shieh as barred by res judicata. See Tahoe-Sierra Pres. Council, Inc. v. Tahoe Reg’l Planning Agency, 322 F.3d 1064, 1077-78 (9th Cir.2003)…