Opinion
No. 09-10286.
November 19, 2010.
Teresa Ward Cooper, Piano, TX, pro se.
Jason D. McClain, Janice Smith Moss, Assistant City Attorneys, Barbara Elaine Rosenberg, Esq., City Attorney's Office, Dallas, TX, for Defendants-Appellees.
Appeal from the United States District Court for the Northern District of Texas, USDC No. 3:04-CV-02407-N.
Before JONES, Chief Judge, and JOLLY and GARZA, Circuit Judges.
The instant appeal arises from two consolidated federal cases filed by Teresa Ward Cooper seeking employment related relief against the City of Dallas and City officials. On October 15, 2007, the City moved for summary judgment on res judicata grounds. The magistrate judge found that a Texas state court had entered final judgment on March 6, 2006, denying Cooper the relief she sought against the City. The magistrate judge held that the state court judgment was a final judgment on the merits, that the defendants in the state court action were identical or in privity with the defendants here, and that Cooper could have raised the claims presented here in that state action. The magistrate judge thus recommended that the City's motion for summary judgment be granted. The trial court adopted the magistrate judge's finding and granted summary judgment to the City on res judicata grounds.
We have reviewed the briefs, relevant portions of the record, including the opinions, the judgments, and the applicable law. We find no reversible error. The judgment is AFFIRMED, essentially for the reasons provided in the findings and recommendations of the magistrate judge, as adopted by the district court. See 5TH CIR. R. 47.6.
Appellant also argues, on appeal, that the City is judicially estopped from raising its res judicata defense. Because judicial estoppel was not properly presented to the magistrate judge, we cannot address it here. Cupit v. Whitley, 28 F.3d 532, 535 (5th Cir. 1994).
AFFIRMED.