Stewart

Stewart v. Stewart

Good Law
256 F. App'x 110
United States Court of Appeals for the Ninth CircuitNovember 26, 2007No. 06-55532California300 words

Opinion

Lead Opinion

MEMORANDUM **

Hunsdon Cary Stewart appeals pro se from the district court’s judgment dismissing on res judicata grounds his civil rights action alleging that his ex-wife conspired with California state court personnel to prevent Stewart from seeing his son. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo, Mpoyo v. Litton Electro-Optical Sys., 480 F.3d 985, 987 (9th Cir.2005), and we affirm.

The district court properly dismissed Stewart’s action on res judicata grounds, because Stewart raised, or could have raised, his claims in a prior federal action that involved the same “transactional nucleus of facts” and was adjudicated on the merits. See Holcombe v. Hosmer, 477 F.3d 1094, 1097 (9th Cir.2007) (“Under res judicata, a final judgment on the merits of an action precludes the parties or their privies from relitigating issues that were or could have been raised in that action.”); Burlington N. Santa Fe R.R. Co. v. Assiniboine & Sioux Tribes of Fort Peck Reservation, 323 F.3d 767, 770 (9th Cir.2003) (“Identity of claims exists when two suits arise from the same transactional nucleus of facts.”).

The district court did not abuse its discretion by denying…

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