923 F2d 864 Woolley v. H Cuccinello B
923 F.2d 864
Unpublished Disposition
NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.
Byron S. WOOLLEY, Plaintiff-Appellant,
v.
Jenifer H. CUCCINELLO, and Melanie B. O'Hara, Defendants-Appellees.
No. 90-15680.
United States Court of Appeals, Ninth Circuit.
Submitted Dec. 7, 1990.*
Decided Jan. 23, 1991.
Before FARRIS, CYNTHIA HOLCOMB HALL and KOZINSKI, Circuit Judges.
MEMORANDUM**
This action presents the same issues and parties as those raised in the counterclaim in D.C. No. CV-S-87-0868 RAR. The court dismissed the counterclaim pursuant to the doctrine of Colorado River abstention; this counterclaim is currently being appealed. Under the doctrine of res judicata a dismissal for want of jurisdiction is conclusive, the remedy for an aggrieved party is appeal, and such a party "cannot begin all over again in an action involving the same issues before another forum...." See Angel v. Bullington, 330 U.S. 183, 190 (1947). Since this action raises the same issues as the previous counterclaim, the district court correctly dismissed it.
AFFIRMED.