Filed: Aug. 26, 2016
Latest Update: Mar. 03, 2020
Summary: NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS AUG 26 2016 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT GRACIELA SOLORIO, No. 14-17192 Plaintiff-Appellant, D.C. No. 1:14-cv-01284-LJO- BAM v. COUNTY OF FRESNO; et al., MEMORANDUM* Defendants-Appellees. Appeal from the United States District Court for the Eastern District of California Lawrence J. O’Neill, Chief Judge, Presiding Submitted August 16, 2016** Before: O’SCANNLAIN, LEAVY, and CLIFTON, Circuit Judges. Graci
Summary: NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS AUG 26 2016 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT GRACIELA SOLORIO, No. 14-17192 Plaintiff-Appellant, D.C. No. 1:14-cv-01284-LJO- BAM v. COUNTY OF FRESNO; et al., MEMORANDUM* Defendants-Appellees. Appeal from the United States District Court for the Eastern District of California Lawrence J. O’Neill, Chief Judge, Presiding Submitted August 16, 2016** Before: O’SCANNLAIN, LEAVY, and CLIFTON, Circuit Judges. Gracie..
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NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS AUG 26 2016
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
GRACIELA SOLORIO, No. 14-17192
Plaintiff-Appellant, D.C. No. 1:14-cv-01284-LJO-
BAM
v.
COUNTY OF FRESNO; et al., MEMORANDUM*
Defendants-Appellees.
Appeal from the United States District Court
for the Eastern District of California
Lawrence J. O’Neill, Chief Judge, Presiding
Submitted August 16, 2016**
Before: O’SCANNLAIN, LEAVY, and CLIFTON, Circuit Judges.
Graciela Solorio appeals pro se from the district court’s judgment dismissing
her employment action alleging federal and state claims. We have jurisdiction
under 28 U.S.C. § 1291. We review de novo the district court’s dismissal of an
action based on res judicata. Stewart v. U.S. Bancorp,
297 F.3d 953, 956 (9th Cir.
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
2002). We affirm.
The district court properly dismissed Solorio’s action as barred by the
doctrine of res judicata because the claims were based on the same primary right
asserted in a prior state court action that was dismissed. 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)); Fed’n of Hillside & Canyon Ass’ns v. City of Los Angeles,
24
Cal. Rptr. 3d 543, 557 (Ct. App. 2004) (setting forth elements of res judicata under
California law).
The district court did not abuse its discretion in denying Solorio’s motion to
reconsider because Solorio failed to put forth any basis that would warrant
reconsideration. See Sch. Dist. No. 1J, Multnomah Cty., Or. v. ACandS, Inc.,
5
F.3d 1255, 1262 (9th Cir. 1993) (setting forth standard of review); see also Kona
Enter., Inc. v. Estate of Bishop,
229 F.3d 877, 890 (9th Cir. 2000) (reconsideration
under Rule 59(e) is an “extraordinary remedy, to be used sparingly in the interests
of finality and conservation of judicial resources” (citation and internal quotation
2 14-17192
omitted)).
AFFIRMED.
3 14-17192