Tatyana Drevaleva v. Joseph Glazer

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS MAR 21 2023 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT TATYANA EVGENIEVNA DREVALEVA, No. 22-15731 Plaintiff-Appellant, D.C. No. 4:21-cv-00500-HSG v. MEMORANDUM* JOSEPH GLAZER, in his both official and individual capacities as a Hiring Official of the Minneapolis Veterans Affairs Medical Center; et al., Defendants-Appellees. Appeal from the United States District Court for the Northern District of California Haywood S. Gilliam, Jr., District Judge, Presiding Submitted March 14, 2023** Before: SILVERMAN, SUNG, and SANCHEZ, Circuit Judges. Tatyana Evgenievna Drevaleva appeals pro se from the district court’s judgment dismissing her Federal Tort Claims Act (“FTCA”) action. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Watison v. Carter, 668 * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). F.3d 1108, 1112 (9th Cir. 2012) (dismissal under 28 U.S.C. § 1915(e)(2)(B)); Mpoyo v. Litton Electro-Optical Sys., 430 F.3d 985, 987 (9th Cir. 2005) (dismissal on the basis of claim preclusion). We affirm. The district court properly dismissed Drevaleva’s action on the basis of claim preclusion because Drevaleva raised, or could have raised, her claims in her prior federal actions, which involved the same parties or their privies and resulted in final judgments on the merits. See Mpoyo, 430 F.3d at 987-88 (elements of federal claim preclusion). The appeal of the district court’s vexatious litigant order is pending in appeal No. 22-16733 and will be addressed in that docket. All pending motions are denied as moot. AFFIRMED. 2 22-15731