Dale Gorney v. Arizona Board of Regents

668 F. App'x 725

• Court: Court of Appeals for the Ninth Circuit
• Decided: August 25, 2016
• Docket: 14-16753
• Status: Unpublished

Opinion

MEMORANDUM **

Dale Gorney appeals pro se from the district court’s judgment dismissing his employment action alleging federal and state law claims arising from his termination. We have jurisdiction under 28 U.S.C. § 1291. We review de novo the district court’s dismissal under Federal Rule of Civil Procedure 12(b)(6). Hebbe v. Pliler, 627 F.3d 338, 341 (9th Cir. 2010). We may affirm on any basis supported by the record. Johnson v. Riverside Healthcare Sys., LP, 534 F.3d 1116, 1121 (9th Cir. 2008). We affirm.

Dismissal of Gorney’s action was proper as precluded by Arizona’s doctrines of res judicata and collateral estoppel because Gorney’s claims were already raised or could have been raised in his prior administrative proceeding, and the issue of whether Gorney was properly discharged was litigated during his agency appeal. See Olson v. Morris, 188 F.3d 1083, 1086-87 (9th Cir. 1999) (claims or defenses that were raised or could have been raised in administrative hearing were barred by res judicata in subsequent litigation); Gilbert v. Ben-Asher, 900 F.2d 1407, 1410-11 (9th Cir. 1990) (collateral estoppel precluded party from relitigating whether physician’s license was properly revoked because issue was litigated in prior administrative proceeding).

We reject as meritless Gomey’s contentions regarding undue prejudice and delay caused by defendants’ removal to federal court.

AFFIRMED.

** This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.