ANTHONY GASTON V. TERRONEZ, No. 13-17551 (9th Cir. 2014)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS DEC 4 2014 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT ANTHONY GASTON, No. 13-17551 Plaintiff - Appellant, D.C. No. 1:08-cv-01629-GSA v. MEMORANDUM* TERRONEZ, Defendant - Appellee. Appeal from the United States District Court for the Eastern District of California Gary S. Austin, Magistrate Judge, Presiding** Submitted November 18, 2014*** Before: LEAVY, FISHER, and N.R. SMITH, Circuit Judges. California state prisoner Anthony Gaston appeals pro se from the district court’s summary judgment in his action brought under 42 U.S.C. § 1983 and the * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The parties consented to proceed before a magistrate judge. See 28 U.S.C. § 636(c). *** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Americans with Disabilities Act (“ADA”) arising from defendant’s alleged denial of adult diapers for one week. We have jurisdiction under 28 U.S.C. § 1291. We review de novo the district court’s summary judgment on the basis of the doctrine of res judicata. Hiser v. Franklin, 94 F.3d 1287, 1290 (9th Cir. 1996). We affirm. The district court properly granted summary judgment because Gaston alleged the same claims against the same defendant in a state court action in which there was a final judgment on the merits. See Manufactured Home Cmtys., Inc. v. City of San Jose, 420 F.3d 1022, 1031 (9th Cir. 2005) (“To determine the preclusive effect of a state court judgment federal courts look to state law. California’s res judicata doctrine is based on a primary rights theory.” (citation omitted)). AFFIRMED. 2 13-17551

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