Unpublished Disposition, 911 F.2d 739 (9th Cir. 1988)

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U.S. Court of Appeals for the Ninth Circuit - 911 F.2d 739 (9th Cir. 1988)

Harvey H. TODA, Plaintiff-Appellant,v.Wayne K. KANEKO and City and County of Honolulu, Defendants-Appellees.

No. 89-16090.

United States Court of Appeals, Ninth Circuit.

Submitted Aug. 3, 1990.^* Decided Aug. 7, 1990.

Before WALLACE, CANBY and RYMER, Circuit Judges.

MEMORANDUM^**

Harvey H. Toda appeals pro se from the district court's entry of summary judgment against him on the basis of res judicata. We have jurisdiction pursuant to 28 U.S.C. § 1291. We affirm.

Toda's present suit is nothing more than a rehash of his prior suit in Toda v. City and County of Honolulu, No. 87-2820, memorandum disposition (9th Cir. Nov. 16, 1988), cert. denied, 110 S. Ct. 89 (1989). Like the instant case, Toda involved the rezoning of Toda's real property in the City and County of Honolulu. Id. Because the matters raised in the instant suit were raised or could have been raised in Toda's prior suit, Toda is barred by the doctrine of res judicata from raising them again. See Montana v. United States, 440 U.S. 147, 153 (1979); American Triticale, Inc. v. Nytco Services, Inc., 664 F.2d 1136, 1146-47 (9th Cir. 1981). The district court therefore did not err by granting summary judgment to the appellees based on res judicata.

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 Circuit R. 36-3

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