Stafford

Stafford v. Josephine County Board of Commissioners

Good Law
223 F. App'x 631
United States Court of Appeals for the Ninth CircuitFebruary 28, 2007No. 05-36209California340 words

Opinion

Lead Opinion

MEMORANDUM **

Former Oregon state prisoner Neil B. Stafford appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging defendants violated his constitutional rights during his participation in sex offender treatment as a condition of his parole. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, Barren v. Harrington, 152 F.3d 1193, 1195 (9th Cir.1998) (order), and we may affirm for any reason supported by the record, Tanaka v. Univ. of S. Cal., 252 F.3d 1059, 1062 (9th Cir.2001).

*632 The district court did not err in dismissing this action, because the majority of the claims were or could have been litigated in Stafford’s prior federal action, Stafford v. Cassidy, no. 04-cv-03078-HO (D.Oregon). See Tahoe Sierra Pres. Council, Inc. v. Tahoe Reg’l Planning Agency, 322 F.3d 1064, 1077 (9th Cir.2003) (“Res judicata is applicable whenever there is (1) an identity of claims, (2) a final judgment on the merits, and (3) privity between parties”).

The district court also properly concluded Stafford failed to state a claim against remaining defendant Milligan for failing to recognize Stafford had been convicted for activity that did…

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