Miller v. Loma-Sabino Pines Homeowners Ass'n
Opinion
Lead Opinion
ORDER
The memorandum disposition filed on March 2, 2009, is withdrawn. A replacement memorandum disposition will be filed concurrently with this order.
MEMORANDUM **
Kenneth M. Miller appeals pro se from the district court’s judgment in favor of defendants in his action arising out of a dispute concerning access to his property. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Intri-Plex Techs., Inc. v. Crest Group, Inc., 499 F.3d 1048, 1052 (9th Cir.2007). We affirm.
The district court properly dismissed the claims against Pima County concerning the alleged denial of access to Miller’s property because this lawsuit involves the same cause of action that was litigated in a prior state court action between the same parties, and the prior action concluded in a *496 final judgment on the merits. See Sunkist Growers, Inc. v. Fisher, 104 F.3d 280, 283 (9th Cir.1997) (explaining that state law determines the preclusive effect of state court judgments in federal court, and describing res judicata under Arizona law). Miller did not raise any contentions regarding his constitutional claims against Pima County or his claims against the other defendants, and thus we deem…