Opinion

Barroga v. Board of Administration of the California Employees' Retirement System

  • 235 F. App'x 414
Court
Court of Appeals for the Ninth Circuit
Filed
May 23, 2007
Status
Published
On the bench
Pregerson, Reinhardt, Tashima
Cited by
0 cases
Authority
More cited than 13.0%

The opinion

MEMORANDUM **

Lucio A. Barroga appeals pro se from the district court’s judgment dismissing his action and prohibiting him from filing future actions against the California Public Employees’ Retirement System (“CalPERS”). We have jurisdiction under 28 U.S.C. § 1291 . We review de novo dismissals based on res judicata. See Western Radio Servs. Co. v. Glickman, 123 F.3d 1189 , 1192 (9th Cir.1997). We review for an abuse of discretion the imposition of a pre-filing review order. De Long v. Hennessey, 912 F.2d 1144, 1146 (9th Cir.1990). We affirm.

*415 The district court properly concluded this action was barred by res judicata because it restated claims raised in Barroga’s prior lawsuits seeking pension benefits from CalPERS. See Western Radio, 123 F.3d at 1192 (doctrine of res judicata serves to bar a claim where there is an identity of claims, a final judgment on the merits, and an identity of parties).

The district court did not abuse its discretion in imposing a pre-filing review order, where the district court gave Barroga notice and an opportunity to respond, developed a record for review, made findings regarding Barroga’s prior harassing and frivolous lawsuits, and narrowly tailored the remedy. See De Long, 912 F.2d at 1147-48 .

Barroga’s remaining contentions lack merit.

All pending motions are denied.

AFFIRMED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.