Daniel Miller, Jr. v. City of Los Angeles

FILED
NOT FOR PUBLICATION SEP 24 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
DANIEL J. MILLER, Jr., No. 09-55752
Plaintiff - Appellant, D.C. No. 2:09-cv-01117-ODW-CT
v.
MEMORANDUM *
CITY OF LOS ANGELES,
Defendant - Appellee,
and
LOS ANGELES DEPARTMENT OF
WATER AND POWER; CITY OF LOS
ANGELES BOARD OF CIVIL SERVICE
COMMISSIONERS; GENE COUFAL;
DANIEL RAFTEVOLD; MICHAEL
DAUGHTRY; DENISE MCGORRIN,
Defendants.
Appeal from the United States District Court
for the Central District of California
Otis D. Wright, District Judge, Presiding
Argued and Submitted June 11, 2010
Pasadena, California
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
Before: TROTT and W. FLETCHER, Circuit Judges, and MAHAN, **
District Judge.
Daniel Miller appeals the district court’s granting of a 12(b)(6) motion to
dismiss his employment-related retaliation and discrimination claims brought
under 42 U.S.C. §§ 1981, 1983. We affirm.
The district court properly dismissed Miller’s complaint because all claims
in it are claim-precluded by the state court proceedings under 28 U.S.C. § 1738.
Miller’s complaint in a California Superior Court contained all of the claims now
asserted in federal court. The California Court of Appeal affirmed the Superior
Court’s decision, and the California Supreme Court denied review. Those claims
are now precluded in federal court.
AFFIRMED.
**
The Honorable James C. Mahan, United States District Judge for the
District of Nevada, sitting by designation.
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