Jefferson

Jefferson v. United States

Good Law
73 F. App'x 262
United States Court of Appeals for the Ninth CircuitAugust 15, 2003No. 03-55013; D.C. No. CV-01-7613-RMTCalifornia328 words

Opinion

Lead Opinion

MEMORANDUM **

Former postal carrier Gary B. Jefferson appeals pro se the district court’s summary judgment in favor of the government on res judicata grounds in his action pursuant to the Federal Tort Claims Act (“FTCA”) and the Federal Employment Compensation Act (“FECA”) involving a dog bite he sustained on the job. We have jurisdiction pursuant to 28 U.S.C. § 1291 . *263 We review de novo, Clark v. Bear Stearns & Co., Inc., 966 F.2d 1318, 1320 (9th Cir.1992), and we affirm.

The district court properly granted summary judgment on res judicata grounds on Jefferson’s FTCA and FECA claims because these claims were litigated in a prior district court action, which was affirmed by this court in Jefferson v. United States, No. 97-55822, 1998 WL 598402 (9th Cir. Aug. 17,1998). See id. at 1320 .

Res judicata also bars Jefferson’s bad faith claim because he could have asserted it in the prior action, and because both suits arose from the same transactional nucleus of fact. See Costantini v. Trans World Airlines, 681 F.2d 1199, 1201 (9th Cir.1982) (“Res judicata additionally bars ‘all grounds for recovery which could have been asserted, whether they were or not, in a prior suit between…

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