(PC) Preston v. Posada, No. 2:2022cv02199 - Document 17 (E.D. Cal. 2023)

Court Description: ORDER signed by District Judge Troy L. Nunley on 8/4/2023 ADOPTING 15 Findings and Recommendations in full, DISMISSING 1 Complaint with prejudice as barred by res judicata, and DENYING AS MOOT 11 Motion to Amend. CASE CLOSED. (Huang, H)

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(PC) Preston v. Posada Doc. 17 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 NATHAN PRESTON, 12 Plaintiff, 13 14 No. 2:22-cv-02199-TLN-CKD ORDER v. ALMA POSADA, 15 Defendant. 16 Plaintiff, a state prisoner proceeding pro se, filed this civil rights action seeking relief 17 18 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 19 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On July 13, 2023, the magistrate judge filed findings and recommendations herein which 20 21 were served on Plaintiff, and which contained notice to Plaintiff that any objections to the 22 findings and recommendations were to be filed within fourteen days. Plaintiff filed objections to 23 the findings and recommendations. In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 24 25 Court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 26 Court finds the findings and recommendations to be supported by the record and by proper 27 analysis. 28 ///// 1 Dockets.Justia.com 1 2 3 Accordingly, IT IS HEREBY ORDERED that: 1. The findings and recommendations filed July 13, 2023 (ECF No. 15) are ADOPTED IN FULL; 4 2. Plaintiff’s complaint is DISMISSED with prejudice as barred by res judicata; 5 3. Plaintiff’s motion to amend (ECF No. 11) is DENIED as moot; and 6 4. The Clerk of Court is directed to close this case. 7 Date: August 4, 2023 8 9 10 11 Troy L. Nunley 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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