923 F2d 861 Anderson v. Environmental Health Department R

923 F.2d 861

Unpublished Disposition

NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.

Henry ANDERSON, Plaintiff-Appellant,
v.
ENVIRONMENTAL HEALTH DEPARTMENT, Wes Gebb, Calaveras County
Health Department, Harvey R. La Bounty, Allen
Construction, Gerald Herbert Allen,
Defendants-Appellees.

No. 90-15850.

United States Court of Appeals, Ninth Circuit.

Submitted Dec. 7, 1990.*
Decided Jan. 24, 1991.

Before FARRIS, CYNTHIA HOLCOMB HALL and KOZINSKI, Circuit Judges.


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1

MEMORANDUM*

2

Henry Anderson appeals the District Court's dismissal of his claims against Environmental Health Department, et al., and the courts imposition of sanctions against him in the amount of $1,000. We affirm.

3

Anderson's claims are barred by res judicata. A litigant whose action has been prosecuted to final judgment is precluded from relitigating claims that were or could have been raised in the original action. Federated Department Stores v. Moitie, 452 U.S. 394, 398 (1981). This is Anderson's third attempt to litigate these issues.

4

We also find that sanctions under Fed.R.Civ.P. 11 were properly imposed. After having his case dismissed for failure to state a valid federal claim, Anderson attempted improperly to change venues and try again, even though warned by appellee's attorney that sanctions would be requested. Under these circumstances, sanctions were completely appropriate.

*

The panel unanimously finds this case suitable for decision without oral argument. Fed.R.App.P. 34(a) and Ninth Circuit Rule 34-4

**

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3