Sanchez
Sanchez v. Potter
Opinion
Lead Opinion
*958 MEMORANDUM ***
Mauro Sanchez, II appeals pro se the district court’s order granting the United States Postal Service’s (“USPS”) motion to dismiss his action alleging violations of Title VII, the Rehabilitation Act, his due process rights, and the Americans with Disabilities Act (“ADA”). We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo both a dismissal on res judicata grounds, Western Radio Servs. Co. v. Glickman, 123 F.3d 1189 , 1192 (9th Cir.1997), and a dismissal on statute of limitations grounds, Washington v. Garrett, 10 F.3d 1421, 1428 (9th Cir.1993), and we affirm.
The district court properly dismissed Sanchez’s claim of disparate treatment under the Rehabilitation Act because this claim was considered and dismissed in a prior action for failure to state a claim. See Western Radio Servs. Co. v. Glickman, 123 F.3d 1189 , 1192 (9th Cir.1997) (doctrine of res judicata serves to bar a claim where there is an identity of claims, a final judgment on the merits and an identity of parties); Stewart v. U.S. Bancorp, 297 F.3d 953, 957 (9th Cir.2002) (dismissal for failure to state a claim is a “judgment on the merits” to which res judicata applies).