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18-55748•Arthur Lopez v. Mufg Union Bank, N.a.;
18-55748Court of Appeals for the Ninth CircuitMay 30, 2019
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ARTHUR LOPEZ,
Plaintiff-Appellant,
v.
MUFG UNION BANK, N.A.; et al.,
Defendants-Appellees.
No. 18-55748
D.C. No. 8:17-cv-01466-JLS-KES
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
Josephine L. Staton, District Judge, Presiding
Submitted May 21, 2019**
Before: THOMAS, Chief Judge, and FRIEDLAND and BENNETT, Circuit
Judges.
Arthur Lopez appeals pro se from the district court’s judgment dismissing
his civil rights and antitrust action arising from a business loan transaction. We
have jurisdiction under 28 U.S.C. § 1291. We review de novo a dismissal on the
basis of res judicata. Stewart v. U.S. Bancorp, 297 F.3d 953, 956 (9th Cir. 2002).
* 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).
FILED
MAY 30 2019
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
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We affirm.
The district court properly dismissed Lopez’s federal claims as barred by the
doctrine of res judicata because Lopez litigated these claims in a prior action that
resulted in a final judgment on the merits. See Tahoe-Sierra Pres. Council, Inc. v.
Tahoe Reg’l Planning Agency, 322 F.3d 1064, 1077 (9th Cir. 2003) (setting forth
requirements of res judicata).
We lack jurisdiction to review the orders denying Lopez’s requests for
reconsideration because Lopez failed to file an amended notice of appeal from
those decisions. See Fed. R. App. P. 4(a)(4)(B)(ii); Whitaker v. Garcetti, 486 F.3d
572, 585 (9th Cir. 2007) (a notice of appeal is mandatory and jurisdictional).
We reject as meritless Lopez’s contention that the district court violated his
constitutional rights.
Lopez’s “request to enter audio CD” (Docket Entry No. 15) and requests for
judicial notice, set forth in the opening brief, are denied as unnecessary.
AFFIRMED.
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