Haywood

Haywood v. Bedatsky

Good Law
323 F. App'x 621
United States Court of Appeals for the Ninth CircuitApril 24, 2009No. 07-16797California452 words

Opinion

Lead Opinion

MEMORANDUM **

Reginald Haywood appeals pro se from the district court’s judgment for defendants in his action alleging employment discrimination by the United States Postal Service and breach of the duty of fair representation by his union. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo dismissal of a claim, Mpoyo v. Litton Electro-Optical Syst., 430 F.3d 985, 987 (9th Cir.2005), and the grant of summary judgment, Adkins v. Mireles, 526 F.3d 531, 538 (9th Cir.2008). We affirm.

Contrary to Haywood’s contention, the alleged absence of hearings in his earlier employment actions against the Postal Service did not preclude dismissal, based on the doctrine of res judicata, of his current employment claims against the Postal Service. See Mpoyo, 430 F.3d at 987 (“Res judicata applies when the earlier suit (1) involved the same claim or cause of action as the later suit, (2) reached a final judgment on the merits, and (3) involved identical parties or privies.”) (internal quotation marks, ellipses, and citation omitted).

The district court did not abuse its discretion by dismissing Haywood’s claims against the Postal Service in this case without a hearing. See…

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