U.S. Court of Appeals for the Ninth Circuit, 2016

Gary Jefferson v. Time Warner Cable, Inc.

Gary Jefferson v. Time Warner Cable, Inc.
U.S. Court of Appeals for the Ninth Circuit · Decided October 4, 2016 · Tashima, Silverman, Smith
669 F. App'x 446

Gary Jefferson v. Time Warner Cable, Inc.

Opinion

MEMORANDUM **

Gary B. Jefferson appeals pro se from the district court’s judgment dismissing his employment action alleging claims under Title VII and California law. We have jurisdiction under 28 U.S.C. § 1291, We review de novo the district court’s dismissal on the basis of res judicata. Stewart v. U.S. Bancorp, 297 F.3d 953, 956 (9th Cir. 2002). We affirm.

The district court properly dismissed Jefferson’s action as precluded by the doctrine of res judicata because Jefferson’s claims could have been raised in his prior action, which resulted in a final judgment. See id. (stating requirements of res judica-ta under federal law), Contrary to Jefferson’s contention, the continuing tort doctrine does not apply to this action.

The district court did not abuse its discretion in dismissing Jefferson’s action without leave to amend because amendment would be futile. See Serra v. Lappin, 600 F.3d 1191, 1195, 1200 (9th Cir. 2010) (setting forth standard of review and factors for a district court to consider in determining whether to grant leave to amend).

AFFIRMED.

**

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

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