(PC) Mwasi v. Blanchard et al, No. 1:2022cv00488 - Document 36 (E.D. Cal. 2023)

Court Description: ORDER ADOPTING 32 Findings and Recommendations and Dismissing the Action, signed by District Judge Ana de Alba on 06/01/2023. CASE CLOSED. (Maldonado, C)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KING MWASI, 12 Plaintiff, 13 14 No. 1:22-cv-00488-ADA-EPG (PC) v. T. BLANCHARD, et al., 15 ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DISMISSING THE ACTION (ECF Nos. 21, 32, 35) Defendants. 16 17 Plaintiff King Mwasi is a state prisoner proceeding pro se and in forma pauperis in this 18 civil rights action. The matter was referred to a United States Magistrate Judge pursuant to 28 19 U.S.C. § 636(b)(1)(B) and Local Rule 302. On September 6, 2022, the assigned Magistrate Judge entered findings and 20 21 recommendations recommending the action be dismissed as barred under the doctrine of res 22 judicata and by the statute of limitations on Plaintiff’s claims. (ECF No. 32 at 2, 18.) The 23 findings and recommendations were served on the parties and contained notice that any 24 objections thereto must be filed within fourteen (14) days. (Id.) Plaintiff filed untimely 25 objections on November 4, 2022, along with a motion to appoint counsel. (ECF No. 35.) 26 Plaintiff’s objections largely restate the claims in his complaint and do not argue those claims are 27 novel or within the statute of limitations. (Id.) 28 /// 1 1 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted a 2 de novo review of the case. Having carefully reviewed the entire file, including Plaintiff’s 3 objections, the Court concludes the findings and recommendations are supported by the record 4 and proper analysis. Because the Court will direct the Clerk of Court to close this case, the Court 5 denies Plaintiff’s request for appointment of pro bono counsel as moot. 6 Accordingly, 7 1. 8 9 The Court adopts the findings and recommendations issued on September 6, 2022 (ECF No. 32), in full; 2. 10 The Court dismisses Plaintiff’s claims as barred by the doctrine of res judicata and under the statute of limitations; 11 3. The Court denies Plaintiff’s motion to appoint counsel; and 12 4. The Clerk of Court is directed to close this case. 13 14 15 16 IT IS SO ORDERED. Dated: June 1, 2023 UNITED STATES DISTRICT JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 2

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