Baker

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

10 RICKY TYRONE FOSTER, Case No. 1:23-cv-01097-JLT-EPG (PC) 11 Plaintiff, FINDINGS AND RECOMMENDATIONS TO v. 1) DISMISS FEDERAL CONSTITUTIONAL CHRISTOPHER BAKER, et al., CLAIM WITHOUT PREJUDICE BECAUSE Defendants. PLAINTIFF IS BARRED BY COLLATERAL ESTOPPEL FROM

CHALLENGING EXHAUSTION ON THE

SAME FACTS; AND

2) DECLINE TO EXERCISE SUPPLEMENTAL JURISDICTION OVER

THE REMAINING CONTRACT CLAIM

AND REMAND THE CASE TO SUPERIOR

COURT OF CALIFORNIA, COUNTY OF

KINGS

OBJECTIONS, IF ANY, DUE WITHIN 30 DAYS

22 Plaintiff Ricky Tyrone Foster is a state prisoner proceeding pro se in this case removed by Defendants from state court to this Court. Plaintiff’s complaint asserts two causes of action: a breach of contract claim related to a purported stipulation regarding the issue of exhaustion, and a…