Kolocotronis v. Benefis Healthcare

FILED NOT FOR PUBLICATION DEC 29 2009 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT CYRIL KOLOCOTRONIS, No. 07-35825 Plaintiff - Appellant, D.C. No. CV-07-00074- DWM/JCL v. BENEFIS HEALTHCARE; et al., MEMORANDUM * Defendants - Appellees. Appeal from the United States District Court for the District of Montana Donald W. Molloy, District Judge, Presiding Submitted December 15, 2009 ** Before: GOODWIN, WALLACE, and CLIFTON, Circuit Judges. Cyril Kolocotronis appeals pro se from the district court’s judgment dismissing his action pursuant to 28 U.S.C. § 1915(e) as barred by the doctrine of * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). JS/Research res judicata.1 We have jurisdiction under 28 U.S.C. § 1291. We review de novo, Mpoyo v. Litton Electro-Optical Sys., 430 F.3d 985, 987 (9th Cir. 2005), and we affirm. The district court properly dismissed the action because Kolocotronis raised the same claims against defendants and their privies in a prior federal action that was dismissed as frivolous under section 1915. See Denton v. Hernandez, 504 U.S. 25, 34 (1992) (explaining that the dismissal of an in forma pauperis complaint as frivolous under section 1915 may have a res judicata effect on frivolousness determinations for future in forma pauperis proceedings); see also Mpoyo, 430 F.3d at 987 (listing elements of res judicata). AFFIRMED. 1 The district court certified that Kolocotronis’s appeal was not taken in good faith, thus revoking Kolocotronis’s in forma pauperis status. See 28 U.S.C. § 1915(a). We grant in forma pauperis status. JS/Research 2 07-35825