Opinion
No. 07-35825.
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
Filed December 29, 2009.
Cyril Kolocotronis, Fulton, MO, pro se.
Appeal from the United States District Court for the District of Montana, Donald W. Molloy, District Judge, Presiding. D.C. No. CV-07-00074-DWM/JCL.
Before: GOODWIN, WALLACE, and CLIFTON, Circuit Judges.
MEMORANDUM
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Cyril Kolocotronis appeals pro se from the district court's judgment dismissing his action pursuant to 28 U.S.C. § 1915(e) as barred by the doctrine of res judicata. We have jurisdiction under 28 U.S.C. § 1291. We review de novo, Mpoyo v. Litton Electro-Optical Sys., 430 F.3d 985, 987 (9th Cir. 2005), and we affirm.
The district court certified that Kolocotronis's appeal was not taken in good faith, thus revoking Kolocotronis's in forma pauperis status. See 28 U.S.C. § 1915(a). We grant in forma pauperis status.
The district court properly dismissed the action because Kolocotronis raised the same claims against defendants and their privies in a prior federal action that was dismissed as frivolous under section 1915. See Denton v. Hernandez, 504 U.S. 25, 34, 112 S.Ct. 1728, 118 L.Ed.2d 340 (1992) (explaining that the dismissal of an in forma pauperis complaint as frivolous under section 1915 may have a res judicata effect on frivolousness determinations for future in forma pauperis proceedings); see also Mpoyo, 430 F.3d at 987 (listing elements of res judicata).