Journey
Journey v. United States
Opinion
Lead Opinion
MEMORANDUM **
William J. Journey appeals pro se from the district court’s judgment dismissing his Federal Tort Claims Act (“FTCA”) action alleging that the United States Department of Veterans Affairs mishandled his medical care. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo dismissal for failure to state a claim, Chol-la Ready Mix, Inc. v. Civish, 382 F.3d 969, 973 (9th Cir.2004), and a grant of summary judgment, Morrison v. Hall, 261 F.3d 896, 900 (9th Cir.2001), and we affirm.
The district court properly dismissed Journey’s claims relating to cigarette addiction as barred by the statute of limitations. See 28 U.S.C. § 2401 (b) (requiring the claimant bring FTCA action within six months of denial of claim by the appropriate Federal agency).
The district court properly dismissed Journey’s claims regarding an incorrectly filled pain prescription as barred by the doctrine of res judicata. See Headwaters, Inc. v. United States Forest Service, 399 F.3d 1047, 1052 (9th Cir.2005) (“[A] stipulated dismissal of an action with prejudice in a federal district court generally constitutes a final judgment on the merits.”).
*671 The district court properly dismissed…