(PC) Roberts v. Henderson, No. 1:2020cv00592 - Document 32 (E.D. Cal. 2021)

Court Description: ORDER ADOPTING 31 Findings and Recommendations and Dismissing Action as Barred by Res Judicata signed by District Judge Dale A. Drozd on 2/18/2021. CASE CLOSED. (Jessen, A)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 DAVID ROBERTS, Plaintiff, 10 11 12 v. STEPHEN HENDERSON, et al., 13 Defendants. 14 15 ) ) ) ) ) ) ) ) ) ) Case No.: 1:20-cv-00592-NONE-SAB (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, AND DISMISSING ACTION AS BARRED BY RES JUDICATA (Doc. No. 31) Plaintiff David Roberts is proceeding pro se and in forma pauperis in this civil rights action 16 pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 17 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 18 On December 7, 2020, the assigned magistrate judge issued findings and recommendations 19 recommending that this action be dismissed as barred by res judicata. (Doc. No. 31.) Those findings 20 and recommendations were served on plaintiff and contained notice that any objections thereto were to 21 be filed within fourteen (14) days from the date of service. (Id. at 6.) To date, no objections to the 22 pending findings and recommendations have been filed with the court, and the time for doing so has 23 expired. 24 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the court has conducted a de 25 novo review of this case. As explained by the assigned magistrate judge, plaintiff is challenging the 26 same actions by the same defendants that allegedly resulted in the same harm that he previously 27 complained of and sought relief for in an earlier civil action that he brought and which was dismissed 28 with prejudice due to plaintiff’s failure to state a cognizable claim. (See Doc. No. 31 at 3–5.) Having 1 1 carefully reviewed the entire file, the court concludes that the findings and recommendations are 2 supported by the record and proper analysis. 3 Accordingly, 4 1. The findings and recommendations issued on December 7, 2020 (Doc. No. 31) are adopted in full; 5 6 2. This action is dismissed as barred by res judicata; and 7 3. The Clerk of the Court shall enter judgment and close the case. 8 9 10 11 IT IS SO ORDERED. Dated: February 18, 2021 UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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