Covello
(PC) Sierra v. Covello
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 FRANCISCO SIERRA, No. 2:24-cv-0337 WBS SCR P Plaintiff, v. ORDER AND PATRICK COVELLO, et al., FINDINGS AND RECOMMENDATIONS Defendants. 16 Francisco Sierra, a state prisoner, proceeds without counsel and seeks relief under 42 U.S.C. § 1983. This matter is before the undersigned for these findings and recommendations under Local Rule 302. See 28 U.S.C. § 636(b)(1). Plaintiff’s complaint and motion to proceed in forma pauperis are before the court. As set forth below, any potential retaliation claims against C/O Jenkins, C/O Hurtado, C/O Brown, and Warden Covello are barred by res judicata because plaintiff already litigated those claims to a final judgment on the merits. Otherwise, the complaint fails to state a claim and granting leave to amend would be futile. Plaintiff’s complaint should be dismissed. I. In Forma Pauperis Plaintiff’s declaration left blank the section about any gross pay or wages earned…