FILED
NOT FOR PUBLICATION NOV 29 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
JOSEPH ROBINSON, No. 11-15978
Plaintiff - Appellant, D.C. No. 2:10-cv-02464-MCE-
JFM
v.
JEFF CUNAN, MEMORANDUM *
Defendant - Appellee.
Appeal from the United States District Court
for the Eastern District of California
Morrison C. England, Jr., District Judge, Presiding
Submitted November 13, 2012 **
Before: CANBY, TROTT, and W. FLETCHER, Circuit Judges.
Joseph Robinson appeals pro se from the district court’s judgment
dismissing his action seeking criminal prosecution of Plumas County prosecutor
Jeff Cunan for alleged violations of Robinson’s civil rights. 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 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 a dismissal for failure to state a claim
for relief, Miller v. Yokohama Tire Corp., 358 F.3d 616, 619 (9th Cir. 2004), and
we affirm.
The district court properly dismissed Robinson’s action as barred by the
doctrine of res judicata. See Tahoe-Sierra Pres. Council, Inc. v. Tahoe Reg’l
Planning Agency, 322 F.3d 1064, 1077-78 (9th Cir. 2003) (setting forth elements
of res judicata). Moreover, to the extent that Robinson seeks the issuance of an
arrest warrant or to compel the prosecution of another person under 18 U.S.C.
§§ 241 and 242, he lacks standing. See Linda R. S. v. Richard D. , 410 U.S. 614,
619 (1973) (“[A] private citizen lacks a judicially cognizable interest in the
prosecution or nonprosecution of another.”).
AFFIRMED.
2 11-15978