Daniel Miller, Jr. v. City of Los Angeles, et al, No. 09-55752 (9th Cir. 2010)
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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS SEP 24 2010 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT DANIEL J. MILLER, Jr., Plaintiff - Appellant, No. 09-55752 D.C. No. 2:09-cv-01117-ODW-CT v. MEMORANDUM * CITY OF LOS ANGELES, Defendant - Appellee, and LOS ANGELES DEPARTMENT OF WATER AND POWER; CITY OF LOS ANGELES BOARD OF CIVIL SERVICE COMMISSIONERS; GENE COUFAL; DANIEL RAFTEVOLD; MICHAEL DAUGHTRY; DENISE MCGORRIN, Defendants. Appeal from the United States District Court for the Central District of California Otis D. Wright, District Judge, Presiding Argued and Submitted June 11, 2010 Pasadena, California * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. Before: TROTT and W. FLETCHER, Circuit Judges, and MAHAN, ** District Judge. Daniel Miller appeals the district court s granting of a 12(b)(6) motion to dismiss his employment-related retaliation and discrimination claims brought under 42 U.S.C. §§ 1981, 1983. We affirm. The district court properly dismissed Miller s complaint because all claims in it are claim-precluded by the state court proceedings under 28 U.S.C. § 1738. Miller s complaint in a California Superior Court contained all of the claims now asserted in federal court. The California Court of Appeal affirmed the Superior Court s decision, and the California Supreme Court denied review. Those claims are now precluded in federal court. AFFIRMED. ** The Honorable James C. Mahan, United States District Judge for the District of Nevada, sitting by designation. 2
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