Tatyana Drevaleva v. Joseph Glazer ( 2023 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS MAR 21 2023
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
TATYANA EVGENIEVNA DREVALEVA, No. 22-15731
Plaintiff-Appellant, D.C. No. 4:21-cv-00500-HSG
v.
MEMORANDUM*
JOSEPH GLAZER, in his both official and
individual capacities as a Hiring Official of
the Minneapolis Veterans Affairs Medical
Center; et al.,
Defendants-Appellees.
Appeal from the United States District Court
for the Northern District of California
Haywood S. Gilliam, Jr., District Judge, Presiding
Submitted March 14, 2023**
Before: SILVERMAN, SUNG, and SANCHEZ, Circuit Judges.
Tatyana Evgenievna Drevaleva appeals pro se from the district court’s
judgment dismissing her Federal Tort Claims Act (“FTCA”) action. We have
jurisdiction under 28 U.S.C. § 1291. We review de novo. Watison v. Carter, 668
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
F.3d 1108, 1112 (9th Cir. 2012) (dismissal under 28 U.S.C. § 1915(e)(2)(B));
Mpoyo v. Litton Electro-Optical Sys., 430 F.3d 985, 987 (9th Cir. 2005) (dismissal
on the basis of claim preclusion). We affirm.
The district court properly dismissed Drevaleva’s action on the basis of
claim preclusion because Drevaleva raised, or could have raised, her claims in her
prior federal actions, which involved the same parties or their privies and resulted
in final judgments on the merits. See Mpoyo, 430 F.3d at 987-88 (elements of
federal claim preclusion).
The appeal of the district court’s vexatious litigant order is pending in appeal
No. 22-16733 and will be addressed in that docket.
All pending motions are denied as moot.
AFFIRMED.
2 22-15731