Roger Hall v. John Koreski

388 F. App'x 689

Opinion

MEMORANDUM **

Roger D. Hall, an Oregon state prisoner, appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action seeking a wilt of mandamus to halt the ongoing garnishment of his prison trust account and to recover funds already garnished. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Stewart v. U.S. Bancorp, 297 F.3d 953, 956 (9th Cir.2002). We affirm.

The district court properly dismissed the action as barred by the doctrine of res judicata because Hall has already litigated his claims arising out of the garnishment of his prison trust account. See Hall v. Hill, No. 3:04-cv-01752-AS, slip op. at 2 (D.Or. Nov. 21, 2005), aff'd, 225 Fed.Appx. 595 (9th Cir.2007); see also Stewart, 297 F.3d at 956 (describing elements of res judicata).

Appellee’s motion for leave to appear and for briefing schedule is denied as moot.

AFFIRMED.

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