Unpublished Disposition, 919 F.2d 146 (9th Cir. 1990)

MEMORANDUM^** 

Samir I. Taha appeals pro se the district court's order dismissing his civil rights action for failure to state a claim. Taha contends that the district court erred in determining that his action was barred by the doctrine of res judicata. We review de novo, Lea v. Republic Airlines, 903 F.2d 624, 634 (9th Cir. 1990), and affirm.

This is the sixth action that Taha has filed based on the same claims against Miller. These claims have already been decided on the merits against Taha. Therefore, the district court did not err by dismissing this action because under res judicata, a final judgment on the merits bars further claims based on the same cause of action. See Montana v. United States, 440 U.S. 147, 153 (1979). Moreover, the district court correctly found that the addition of one new allegation against Miller in the current complaint does not overcome the res judicata bar. See Costantini v. Trans World Airlines, 681 F.2d 1199, 1201 (9th Cir.), cert. denied, 459 U.S. 1087 (1982).

Appellees request sanctions pursuant to Fed. R. App. P. 38 for filing a frivolous appeal. We award sanctions to the appellees and remand to the district court to determine the appropriate amount.

AFFIRMED.