FILED
NOT FOR PUBLICATION JAN 21 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
CLEMENT BROWN, No. 07-15233
Plaintiff - Appellant, D.C. No. 3:06-CV-02247-JSW
v.
MEMORANDUM *
S. ORNOSKI, Warden,
Defendant - Appellee.
Appeal from the United States District Court
for the Northern District of California
Jeffrey S. White, District Judge, Presiding
Submitted January 10, 2011 **
Before: BEEZER, TALLMAN, and CALLAHAN, Circuit Judges.
California state prisoner Clement Brown appeals pro se from the district
court’s judgment dismissing his 42 U.S.C. § 1983 action alleging due process
violations concerning his parole suitability hearing in 2006. We have jurisdiction
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes that this case is suitable for
decision without oral argument. See Fed. R. App. P. 34(a)(2).
under 28 U.S.C. § 1291. We review de novo, Resnick v. Hayes, 213 F.3d 443, 447
(9th Cir. 2000), and may affirm on any grounds supported by the record,
Tahoe-Sierra Pres. Council, Inc. v. Tahoe Reg’l Planning Agency, 322 F.3d 1064,
1076-77 (9th Cir. 2003). We affirm.
The district court properly dismissed Brown’s section 1983 action because
he is barred from relitigating the same due process claim previously decided on the
merits in his federal habeas petition challenging the denial of parole in 2004—that
the Board of Prison Terms arbitrarily and capriciously relied solely or improperly
on the egregious nature of Brown’s commitment offense. See Hawkins v. Risley,
984 F.2d 321, 324-25 (9th Cir. 1993) (per curiam) (plaintiff was precluded from
relitigating under section 1983 the claims that had been litigated and decided on
the merits in his prior federal habeas case); accord Hydranautics v. FilmTec Corp.,
204 F.3d 880, 885 (9th Cir. 2000) (outlining requirements for application of
collateral estoppel or issue preclusion doctrine).
We decline to consider Brown’s remaining contentions.
AFFIRMED.
2 07-15233