Torres-Gonzalez v. Miranda-Marchand ( 1997 )

[NOT FOR PUBLICATION]
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
No. 97-1573
RAMON TORRES-GONZALEZ,
Plaintiff, Appellant,
v.
GRACIANY MIRANDA-MARCHAND,
Defendant, Appellee.
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF PUERTO RICO
[Hon. Hector M. Laffitte, U.S. District Judge]
Before
Torruella, Chief Judge,
Stahl and Lynch, Circuit Judges.
Ramon Torres-Gonzalez on brief pro se.
Graciany Miranda-Marchand on brief pro se.
November 19, 1997
Per Curiam. The district court properly dismissed
plaintiff's action on res judicata grounds. That plaintiff's
1992 action was dismissed before trial because plaintiff
filed the action after the statute of limitations had run
does not make preclusion principles inapplicable. One year
statutes of limitations are treated as "substantive," not
procedural, under Puerto Rico law. Febo Ortego v. Superior
Court, 102 P.R.R. 506, 509 (1974). Consequently, the
dismissal of plaintiff's 1992 action barred his present
action. See, e.g., Rose v. Town of Harwich, 778 F.2d 77, 80-
81 (1st Cir. 1985) (explaining that when a statute of
limitations is a substantive limitation extinguishing the
right of action, a dismissal on statute of limitations
grounds constitutes a dismissal on the merits with res
judicata effect).
Affirmed.
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