Gonzales v. California Department of Corrections

ORDER OF DISMISSAL

INTRODUCTION

Ricky Gonzales, currently incarcerated at Pelican Bay State Prison, filed this pro se civil rights action under 42 U.S.C. § 1983 , complaining about his placement in administrative segregation as a gang associate. The complaint and attachments thereto had information that suggested Gonzales already had litigated some or all of the claims in his complaint. The court ordered Gonzales to show cause why this action should not be dismissed as barred by the doctrines of res judicata and collateral estoppel. Gonzales filed a response to the order to show cause and a document entitled “judicial notice” in which he included further argument in response to the order to show cause. Later, he also filed a “conditional request to amend complaint so as to add additional claims” and a “request for temporary restraining order and/or appointment of counsel.”

BACKGROUND

A. State Court Habeas Petitions

This action is Gonzales’ fourth court challenge to his gang validation and SHU placement. Before he filed this § 1983 civil rights action, Gonzales filed petitions for writ of habeas corpus in the Del Norte County Superior Court, the California Court of Appeal, and…