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JOSEPH v. AMERICAN GENERAL LIFE INSURANCE COMPANY (2021)

United States Court of Appeals, Ninth Circuit.2021-08-25No. No. 20-56213

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Opinion

MEMORANDUM **

Joel David Joseph appeals pro se from the district courts judgment dismissing his diversity action stemming from his fathers life insurance policy. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Cervantes v. Countrywide Home Loans, Inc., 656 F.3d 1034, 1040 (9th Cir. 2011) (dismissal under Federal Rule of Civil Procedure 12(b)(6)); Mpoyo v. Litton Electro-Optical Sys., 430 F.3d 985, 987 (9th Cir. 2005) (dismissal on the basis of res judicata). We affirm.

The district court properly dismissed Josephs action because Josephs claims were raised, or could have been raised, in Josephs prior federal action between the parties that resulted in a final judgment on the merits. See id. at 987-88 (setting forth elements of res judicata, and explaining this courts transaction test used to determine whether two suits share a common nucleus of operative fact).

AFFIRMED.