Cherian

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JAMES TYLER ROOTS, No. 2:23-cv-1175-CKD P Plaintiff, v. ORDER AND G. CHERIAN, et al., FINDINGS AND RECOMMENDATIONS Defendants. 16 Plaintiff James Roots, a state prisoner, filed this action under 42 U.S.C. § 1983. This matter is referred to the undersigned by Local Rule 302. See 28 U.S.C. § 636(b)(1). In the motion presently before the court, defendants Cherian, Hanagan, and Masterson move to dismiss the action on res judicata (claim preclusion) grounds. (ECF No. 31.) For the reasons set forth below, the motion should be denied. BACKGROUND In January 2021, plaintiff filed a civil complaint titled Roots v. Cherian, Case No. 34- 2021-00292893 in the Sacramento County Superior Court, against defendants Hanagan, Cherian, Masterson, and other defendants (“prior case”). (See ECF No. 31-2 at 2-32.) In the prior case, plaintiff alleged defendant Cherian recklessly closed plaintiff’s…