Legal Opinion

Jerry Burton v. R. Harris

Court of Appeals for the Ninth Circuit

Decided January 26, 2017No. 15-56506UnpublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM **

California state prisoner Jerry A. Burton appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging due process violations relating to his gang validation and placement in the secured housing unit (“SHU”) for an indefinite term. We review de novo a dismissal under Fed. R. Civ. P. 12(b)(6) on the basis of claim preclusion. Holcombe v. Hosmer, 477 F.3d 1094, 1097 (9th Cir. 2007). We affirm.

The district court properly dismissed Burton’s action as barred by the doctrine of claim preclusion because the parties or their privies have already…

2Cases cited4 opinions

  1. Padgett v. WrightCourt of Appeals for the Ninth Circuit · 2009
  2. Ursula Holcombe v. David Hosmer Richard Kirkland, and Dale LiebherrCourt of Appeals for the Ninth Circuit · 2007
  3. Edward Furnace v. G. GiurbinoCourt of Appeals for the Ninth Circuit · 2016
  4. Gonzales v. California Department of CorrectionsCourt of Appeals for the Ninth Circuit · 2014

3Cited by1 opinion

  1. (PC) Weston v. California Department of Corrections and RehabilitationDistrict Court, E.D. California · 2022

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