Cota

Cota v. Cheadle

Good Law
166 F. App'x 966
United States Court of Appeals for the Ninth CircuitFebruary 15, 2006No. 04-55991California317 words

Opinion

Lead Opinion

MEMORANDUM **

Alex Cota appeals pro se the district court’s order granting defendants’ special motions to strike and dismissing Cota’s action against the Board of Regents of the University of California, the Chronicle of Higher Education, and several individual defendants. We have jurisdiction under 28 U.S.C. § 1291 . After de novo review, we affirm in part, vacate in part, and remand. See Vess v. Ciba-Geigy Corp. USA, 317 F.3d 1097, 1102 (9th Cir.2003); see also Maldonado v. Harris, 370 F.3d 945, 949 (9th Cir.2004) (de novo review of dismissal under res judicata and Rooker-Feldman doctrine).

*968 The district court properly determined that Cota’s claims related to an allegedly defamatory 1998 article and had been resolved in earlier state-court litigation. Res judicata bars Cota from raising identical claims in subsequent litigation. See Mir. v. Little Co. of Mary Hosp., 844 F.2d 646, 651 (9th Cir.1988) (applying California law).

Because of the state court’s application of California’s anti-Strategic Lawsuits Against Public Participation (“antiSLAPP”) statute, the Rooker-Feldman doctrine bars Cota’s related constitutional claim. See Bianchi v. Rylaarsdam, 334 F.3d 895, 901…

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