NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT SEP 21 2012
MOLLY C. DWYER, CLERK
U .S. C O U R T OF APPE ALS
JOHN THEODORE ANDERSON, No. 11-16946
Plaintiff - Appellant, D.C. No. 2:11-cv-00058-JCM-
LRL
v.
PRIVATE CAPITAL GROUP; et al., MEMORANDUM *
Defendants - Appellees.
Appeal from the United States District Court
for the District of Nevada
James C. Mahan, District Judge, Presiding
Submitted September 10, 2012 **
Before: WARDLAW, CLIFTON, and N.R. SMITH, Circuit Judges.
John Theodore Anderson appeals pro se from the district court’s judgment
dismissing his diversity action alleging breach of contract and other state law
claims. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a
*
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).
dismissal based on res judicata, Stewart v. U.S. Bancorp, 297 F.3d 953, 956 (9th
Cir. 2002), and we affirm.
The district court properly dismissed Anderson’s action as barred by the
doctrine of res judicata because it was precluded by a final judgment on the merits
in Anderson’s prior Utah state court action against the same parties and alleging
the same claims. See Costantini v. Trans World Airlines, 681 F.2d 1199, 1201 (9th
Cir. 1982) (“[A] federal court sitting in diversity must apply the res judicata law of
the state in which it sits.”); Synder v. Murray City Corp., 73 P.3d 325, 332 (Utah
2003) (listing elements of res judicata under Utah state law).
Anderson’s remaining contentions with respect to personal jurisdiction in
the prior Utah state court action, alleged breach of contract, estoppel, and “libel of
review” are deemed waived because he failed to raise them before the district
court. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009) (per curiam).
Issues not expressly raised in the opening brief, including regarding the
district court’s imposition of sanctions, are deemed waived. See id.
AFFIRMED.
2 11-16946