Unpublished Disposition, 857 F.2d 1478 (9th Cir. 1988)

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U.S. Court of Appeals for the Ninth Circuit - 857 F.2d 1478 (9th Cir. 1988)

Robert S. RYDER, Plaintiff-Appellant,v.Jessup & Beecher, Attorney at Law, Warren T. Jessup, DoanBurns, Swecker & Mathis, Attorneys at Law, Does 1through 10, inclusive, Defendants-Appellees.

No. 87-2965.

United States Court of Appeals, Ninth Circuit.

Submitted Aug. 8, 1988.Decided Sept. 6, 1988.

Before NELSON, NOONAN, and LEAVY, Circuit Judges.


MEMORANDUM** 

Robert S. Ryder, pro se, appeals the denial of his malpractice action. The same case was filed in the state court in 1982 and was held barred by the statute of limitations--a judgment affirmed by the California Court of Appeals. Res judicata now bars Ryder from relitigating the same issues against the same parties in the federal system.

Ryder is acting for himself on this appeal. Leaning over in favor of a pro se litigate we do not impose the sanctions on Ryder that would otherwise be appropriate for an entirely frivolous appeal. We shall not hesitate to impose sanctions if the processes of the court in the future are abused.

AFFIRMED.

 *

Submitted Aug. 8, 1988.
Decided Sept. 6, 1988.

 *

The panel finds this case appropriate for submission without oral argument pursuant to Fed. R. App. P. 34(a) and Ninth 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 Ninth Cir.R. 36-3

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