OpenJurist

919 F2d 146 Taha v. Miller

919 F.2d 146

Unpublished Disposition

NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.

Samir I. TAHA, Plaintiff-Appellant,
v.
Vergil MILLER, Defendant-Appellee.

No. 90-35255.

United States Court of Appeals, Ninth Circuit.

Submitted Nov. 16, 1990.*
Decided Sept. 21, 1990.

Before FLETCHER, WIGGINS and RYMER, Circuit Judges.

1

MEMORANDUM**

2

Samir I. Taha appeals pro se the district court's order dismissing his civil rights action for failure to state a claim. Taha contends that the district court erred in determining that his action was barred by the doctrine of res judicata. We review de novo, Lea v. Republic Airlines, 903 F.2d 624, 634 (9th Cir.1990), and affirm.

3

This is the sixth action that Taha has filed based on the same claims against Miller. These claims have already been decided on the merits against Taha. Therefore, the district court did not err by dismissing this action because under res judicata, a final judgment on the merits bars further claims based on the same cause of action. See Montana v. United States, 440 U.S. 147, 153 (1979). Moreover, the district court correctly found that the addition of one new allegation against Miller in the current complaint does not overcome the res judicata bar. See Costantini v. Trans World Airlines, 681 F.2d 1199, 1201 (9th Cir.), cert. denied, 459 U.S. 1087 (1982).

4

Appellees request sanctions pursuant to Fed.R.App.P. 38 for filing a frivolous appeal. We award sanctions to the appellees and remand to the district court to determine the appropriate amount.

5

AFFIRMED.

*

The panel unanimously finds this case suitable for disposition without oral argument. Fed.R.App.P. 34(a); 9th Cir.R. 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 9th Cir.R. 36-3