Michael Ray Swanson v. DEPARTMENT OF VETERANS AFFAIRS, Secretary

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
MICHAEL RAY SWANSON,
Plaintiff-Appellant,
v.
DEPARTMENT OF VETERANS
AFFAIRS, Secretary,
Defendant-Appellee.
No. 21-35649
D.C. No. 3:21-cv-00923-HZ
MEMORANDUM*
Appeal from the United States District Court
for the District of Oregon
Marco A. Hernandez, District Judge, Presiding
Submitted January 19, 2022**
Before: SILVERMAN, CLIFTON, and HURWITZ, Circuit Judges.
Michael Ray Swanson appeals pro se from the district court’s judgment
dismissing his Federal Tort Claims Act (“FTCA”) action arising from his time at
Camp Lejeune in North Carolina. We have jurisdiction under 28 U.S.C. § 1291.
We review de novo. Watison v. Carter, 668 F.3d 1108, 1112 (9th Cir. 2012)
* 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
JAN 27 2022
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

-- 1 of 2 --

2 21-35649
(dismissal under 28 U.S.C. § 1915(e)(2)(B)); Mpoyo v. Litton Electro-Optical Sys.,
430 F.3d 985, 987 (9th Cir. 2005) (dismissal on the basis of claim preclusion). We
affirm.
The district court properly dismissed Swanson’s action on the basis of claim
preclusion because Swanson raised, or could have raised, his claims in his prior
federal actions, which involved the same parties or their privies and resulted in a
final judgment on the merits. See Mpoyo, 430 F.3d at 987-88 (elements of federal
claim preclusion).
We reject as without merit Swanson’s contentions that the district court was
biased.
Swanson’s motions to appoint counsel (Docket Entry Nos. 3 and 8) are
denied. Swanson’s motion to proceed in forma pauperis (Docket Entry No. 10) is
denied as unnecessary because his in forma pauperis status continues in this court.
AFFIRMED.

-- 2 of 2 --