Lonnie Tyrone Ledbetter, Plaintiff-appellant, v. West Sacramento Police, et al., Defendants-appellees, 942 F.2d 792 (9th Cir. 1991)

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U.S. Court of Appeals for the Ninth Circuit - 942 F.2d 792 (9th Cir. 1991) Submitted Aug. 23, 1991. *Decided Aug. 30, 1991

MEMORANDUM** 

Before BROWNING, SNEED and WILLIAM A. NORRIS, Circuit Judges.


Lonnie Tyrone Ledbetter appeals pro se from the district court's dismissal of his 42 U.S.C. § 1983 action. We affirm.

Because the constitutionality of the search of Ledbetter's motel room already has been litigated in state court during Ledbetter's criminal prosecution, he is precluded from relitigating it in a civil rights action. See Allen v. McCurry, 449 U.S. 90, 94-95 (1980); Ayers v. City of Richmond, 895 F.2d 1267, 1270-71 (9th Cir. 1990). Accordingly, the district court properly dismissed this claim.

After the district court dismissed Ledbetter's challenges to the constitutionality of the search, Ledbetter stated that he did not want to proceed with his claim concerning allegedly excessive force used during the arrest. The district court then dismissed the excessive force claim for failure to prosecute. Because Ledbetter did not raise this issue in his brief on appeal, it is deemed abandoned. Wilcox v. Commissioner, 848 F.2d 1007, 1008 n. 2 (9th Cir. 1988).

AFFIRMED.

 *

The panel unanimously finds this case suitable for decision 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