Markham Speros v. Cwalt, Inc.
700 F. App'x 574
9th Cir.
2017
Check Treatment
Docket

Markham SPEROS, Plaintiff-Appellant, v. CWALT, INC., Alternative Loan Trust 2005-62 Mortgage Pass-Through Certificates, Series 2005-62; et al., Defendants-Appellees, and Does, 1-10, Defendant.

No. 17-55351

United States Court of Appeals, Ninth Circuit.

FILED OCTOBER 31, 2017

Submitted October 23, 2017*

Before: McKEOWN, WATFORD, and FRIEDLAND, Circuit Judges.

Markham Speros, San Diego, CA, pro se.

Steven M. Dailey, Esquire, Kutak Rock LLP, Irvine, CA, for Defendants-Appellees.

MEMORANDUM **

Markham Speros appeals pro se from the district court‘s judgment dismissing his action alleging federal and state law claims related to foreclosure proceedings. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a dismissal on the basis of res judicata.

. We affirm.

The district court properly dismissed Speros’ action as barred by the doctrine of res judicata because Speros’ claims were raised, or could have been raised, in his prior action between the parties or their privies, and that action resulted in a final judgment on the merits. See

(setting forth elements of res judicata under federal law).

Speros’ request to file an oversized reply brief (Docket Entry No. 15) is granted. The Clerk shall file the reply brief submitted at Docket Entry No. 14.

AFFIRMED.

** *

Lyndall Dwaine THOMPSON, Petitioner-Appellant, v. Charles L. RYAN, et al., Respondents-Appellees.

No. 16-15080

United States Court of Appeals, Ninth Circuit.

OCTOBER 27, 2017

Submitted October 17, 2017 ** San Francisco, California

Before: IKUTA and HURWITZ, Circuit Judges, and MCSHANE,*** District Judge.

Tara Kristine Hoveland, South Lake Tahoe, CA, for Petitioner-Appellant.

Jonathan Bass, Tucson, AZ, for Respondents-Appellees.

MEMORANDUM *

Lyndall Dwaine Thompson, an Arizona prisoner convicted of second-degree murder, appeals the district court‘s denial of his application for a writ of habeas corpus under 28 U.S.C. § 2254. We have jurisdiction under 28 U.S.C. §§ 1291 and 2253, and we affirm.

Thompson‘s habeas petition is governed by the Antiterrorism and Effective Death

** *** *

Notes

*
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).
***
The Honorable Michael J. McShane, United States District Judge for the District of Oregon, sitting by designation.