William Scott v. John Potter

MEMORANDUM

William L. Scott appeals the district court’s dismissal of his action against John E. Potter, Postmaster General of the United States Postal Service, alleging discrimination and retaliation in violation of the Rehabilitation Act of 1973 and Title VII of the Civil Rights Act of 1965. Scott also appeals the district court’s denial of his Request for Continuance of the Motion for Summary Judgment Hearing Pursuant to Federal Rule of Civil Procedure 56(f). We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the district court’s grant of summary judgment based on res judicata, F.T.C. v. Garvey, 383 F.3d 891 , 896 (9th Cir.2004), and for abuse of discretion a denial of a Rule 56(f) application, VISA Inti Serv. Ass’n v. Bankcard Holders of Am,., 784 F.2d 1472, 1475 (9th Cir.1986). We affirm.

1. The district court properly dismissed Scott’s claims of discrimination and retaliation on res judicata grounds. The doctrine of res judicata “bars any lawsuits on any claims that were raised or could have been raised in a prior action.” Garvey, 383 F.3d at 897 (quotation marks omitted). Res judicata applies when there is “(1) an identity of claims; (2) a final judgment on…