(PC) Maeshack v. Avenal State Prison, et al, No. 1:2006cv00011 - Document 65 (E.D. Cal. 2010)
Court Description: ORDER ADOPTING Findings and Recommendations 58 ; ORDER GRANTING Defendant Weed's Motion to Dismiss for Failure to State a Claim, Based on Res Judicata 36 , ORDER DISMISSING Defendant Weed From This Action, signed by Chief Judge Anthony W. Ishii on 3/9/10. (Hellings, J)
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(PC) Maeshack v. Avenal State Prison, et al Doc. 65 1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 ROBERT MAESHACK, 11 12 13 Plaintiff, vs. AVENAL STATE PRISON, et al., 14 1:06-cv-00011-AWI-GSA-PC ORDER ADOPTING FINDINGS AND RECOMMENDATIONS (Doc. 58.) ORDER GRANTING DEFENDANT WEED'S MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, BASED ON RES JUDICATA (Doc. 36.) 15 16 17 18 Defendants. ORDER DISMISSING DEFENDANT WEED FROM THIS ACTION _____________________________/ Robert Maeshack (“plaintiff”) is a state prisoner proceeding pro se in this civil rights 19 action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge 20 pursuant to 28 U.S.C. ' 636(b)(1)(B) and Local Rule 72-302. 21 On January 21, 2010, findings and recommendations were entered, recommending 22 that Defendant Weed's motion to dismiss of April 28, 2009 be granted, and defendant Weed be 23 dismissed from this action for plaintiff’s failure to state a claim against him, based on the doctrine of 24 res judicata. (Doc. 58.) On February 18, 2010, plaintiff filed objections to the findings and 25 recommendations. (Doc. 61.) 26 In accordance with the provisions of 28 U.S.C. ' 636 (b)(1)(B) and Local Rule 73- 27 305, this court has conducted a de novo review of this case. Having carefully reviewed the entire 28 1 Dockets.Justia.com 1 file, the court finds the findings and recommendations to be supported by the record and proper 2 analysis. While the court is not without sympathy to Plaintiff’s medical problems, the court cannot 3 revisit allegations that have already been fully adjudicated in another action. 4 Accordingly, THE COURT HEREBY ORDERS that: 5 1. 6 The Findings and Recommendations issued by the Magistrate Judge on January 21, 2010, are adopted in full; 7 2. Defendant Weed's motion to dismiss, filed April 28, 2009, is GRANTED; 8 3. Defendant Weed is dismissed from this action for plaintiff's failure to state 9 any claim against him, based on the doctrine of res judicata; and 10 4. 11 The Clerk is directed to reflect the dismissal of defendant Weed from this action on the court's docket. 12 13 IT IS SO ORDERED. 14 Dated: 0m8i78 March 9, 2010 /s/ Anthony W. Ishii CHIEF UNITED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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