Unpublished Disposition, 923 F.2d 861 (9th Cir. 1991)

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US Court of Appeals for the Ninth Circuit - 923 F.2d 861 (9th Cir. 1991)

Michael Henry FERDIK, Plaintiff-Appellant,v.FLAMENCO MENTAL HEALTH CENTER, Defendant,andDavid Fernandez, Dr., Ron Dupris, David Tees, Art Bourujy,Walter White, Joe Medina, Esteban Velos, Director,Doug Peterson, Psychologist II,Defendants-Appellees.

No. 90-15630.

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** 

Michael Ferdik appeals the District Court's summary judgment dismissing his claims against Flamenco Mental Health Center, et al. We affirm.

This lawsuit merely reiterates the claims made by Ferdik in five previous lawsuits. A litigant whose action has been prosecuted to final judgment is precluded from relitigating claims that were or could have been raised in the original action. Federated Department Stores v. Moitie, 452 U.S. 394, 398 (1981). Therefore, Ferdik's claims are barred by res judicata.

AFFIRMED.

 *

The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a) and Ninth Circuit Rule 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 Circuit Rule 36-3

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