Jenkins v. International Longshore & Warehouse Union

MEMORANDUM

Ronnie L. Jenkins appeals pro se from the district court’s judgment dismissing his employment action alleging race discrimination in violation of 42 U.S.C. § 1981 . We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the dismissal of an action for failure to state a claim and on the basis of the doctrine res judicata. Knievel v. ESPN, 393 F.3d 1068, 1072 (9th Cir.2005) (failure to state a claim); Stewart v. U.S. Bancorp, 297 F.3d 953, 956 (9th Cir.2002) (res judicata). We affirm.

The district court properly dismissed Jenkins’s action with respect to the Equal Employment Opportunity Commission (“EEOC”) because Jenkins failed to allege any claim against the EEOC. See Knievel, 393 F.3d at 1072 . Nor could Jenkins allege a cognizable Title VII claim against the EEOC based on his dissatisfaction with the processing of his claim. See Ward v. EEOC, 719 F.2d 311, 313-14 (9th Cir.1983) (employee who is dissatisfied with the EEOC’s processing of his claim cannot sue EEOC under Title VII).

The district court properly dismissed Jenkins’s action with respect to the remaining defendants because Jenkins raised, or could have raised, the same claims against these…