Markham Speros v. Cwalt, Inc.
Opinion
MEMORANDUM **
Markham Speros appeals pro se from the district court’s judgment dismissing his action alleging federal and state law claims related to foreclosure proceedings. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a 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 Speros’ action as barred by the doctrine of res judicata because Speros’ claims were raised, or could have been raised, in his prior action between the parties or their privies, and that action resulted in a final judgment on the merits. See id. (setting forth elements of res judicata under federal law).
Speros’ request to file an oversized reply brief (Docket Entry No. 15) is granted. The Clerk shall file the reply brief submitted at Docket Entry No. 14.
AFFIRMED.
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R, App. P. 34(a)(2).
Reference
- Full Case Name
- Markham SPEROS, Plaintiff-Appellant, v. CWALT, INC., Alternative Loan Trust 2005-62 Mortgage Pass-Through Certificates, Series 2005-62; Et Al., Defendants-Appellees, and Does, 1-10; Defendant
- Status
- Unpublished