Daniel Miller, Jr. v. City of Los Angeles
Opinion
MEMORANDUM **
Daniel Miller appeals the district court’s granting of a 12(b)(6) motion to dismiss his employment-related retaliation and discrimination claims brought under 42 U.S.C. §§ 1981,1983. We affirm.
The district court properly dismissed Miller’s complaint because all claims in it are claim-precluded by the state court proceedings under 28 U.S.C. § 1738. Miller’s complaint in a California Superior Court contained all of the claims now asserted in federal court. The California Court of Appeal affirmed the Superior Court’s decision, and the California Supreme Court denied review. Those claims are now precluded in federal court.
AFFIRMED.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Reference
- Full Case Name
- Daniel J. MILLER, Jr., Plaintiff-Appellant, v. CITY OF LOS ANGELES, Defendant-Appellee, and Los Angeles Department of Water and Power; City of Los Angeles Board of Civil Service Commissioners; Gene Coufal; Daniel Raftevold; Michael Daughtry; Denise McGorrin, Defendants
- Status
- Unpublished