Applying Semtek Internat. Inc. v. Lockheed Martin Corp. (2001) 531 U.S. 497, this decision holds that a federal district court’s dismissal of a 42 USC 1983 claim on the ground it was precluded by the res judicata effect of a state administrative decision denying her claim is not a final judgment entitled to claim preclusive effect under federal common law. Semtek held that FRCivP 41(b)’s statement that dismissals are on the merits unless they state otherwise does not determine the claim preclusive effect of the dismissal. In Semtek, the dismissal was on statute of limitations grounds which the plaintiff could avoid by suing in another jurisdiction where the limitations period was longer. Here, under state law the administrative decision is not given claim preclusive effect to bar a whistleblower claim. (State Bd. of Chiropractic Examiners v. Superior Court (2009) 45 Cal.4th 963).