Unpublished Disposition, 904 F.2d 41 (9th Cir. 1990)

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US Court of Appeals for the Ninth Circuit - 904 F.2d 41 (9th Cir. 1990)

Kenneth L. PENDLETON, Plaintiff-Appellant,v.UNITED STATES of America, Defendant-Appellee.

No. 89-35343.

United States Court of Appeals, Ninth Circuit.

Submitted May 24, 1990.* Decided May 29, 1990.

Before SCHROEDER, REINHARDT and DAVID R. THOMPSON, Circuit Judges.

MEMORANDUM** 

Kenneth L. Pendleton appeals pro se the district court's order dismissing his complaint in which he sought damages for the seizure and subsequent forfeiture of several items of personal property. Pendleton's complaint alleged that he had been deprived of this property without due process of law. Pendleton contends that the district court erred in determining that his action was barred on the grounds of collateral estoppel and res judicata. We have jurisdiction under 28 U.S.C. § 1291 and we affirm.

The issues surrounding the forfeiture of Pendleton's property have been the subject of five separate actions in the federal district courts of Idaho, Oregon, and Washington.1  The same issues that Pendleton raises in this action already have been actually and necessarily determined against him by courts of competent jurisdiction. Therefore, Pendleton is estopped from relitigating these issues. See Montana v. United States, 440 U.S. 147, 153 (1978).

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

 1

See United States v. Pendleton, No. 86-3181, unpublished memorandum decision (9th Cir. Sept. 21, 1987) (appeal from D. Idaho) ; Pendleton v. Turner, No. 86-3904, unpublished memorandum decision (9th Cir. Sept. 21, 1987) (appeal from D. Oregon); Pendleton v. McCarthy, No. 87-3964, unpublished memorandum decision (9th Cir. April 12, 1988) (appeal from W.D. Wash.) ; Pendleton v. United States, No. C88-1176C (W.D. Wash., complaint filed Sept. 23, 1988); Pendleton v. United States, No. CV-89-1098 (D. Idaho, complaint filed March 28, 1989)

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