Michal Wawrzynski v. Bryon Hibsham

MEMORANDUM

Michal Wawrzynski appeals pro se from the district court’s order dismissing his 42 U.S.C. § 1983 action alleging that defendants conspired to retaliate against him for filing a previous lawsuit challenging the constitutionality of a San Diego pedicab ordinance. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a district court’s dismissal of an action as barred by the doctrine of res judicata. W. Radio Servs. Co. v. Glickman, 123 F.3d 1189 , 1192 (9th Cir.1997). We affirm.

The district court properly dismissed Wawrzynski’s § 1983 claims on the basis of res judicata because the claims were based on the same primary right asserted in a prior state court action that was dismissed with prejudice. See Manufactured Home Cmtys. Inc. v. City of San Jose, 420 F.3d 1022 , 1031 (9th Cir.2005) (“To determine the preclusive effect of a state court judgment federal courts look to state law. California’s res judicata doctrine is based on a primary rights theory.” (citation omitted)).

The district court did not abuse its discretion by declining to exercise supplemental jurisdiction over Wawrzynski’s state law claims after dismissing his § 1983 claims. See 28 U.S.C. §…