Sammy Lee Morris v. R. Yavari

I.

INTRODUCTION

Plaintiff Sammy Lee Morris (“Plaintiff”) filed a Complaint pursuant to 42 U.S.C. § 1983 (“Section 1983”) against defendants R. Yavari, B.A. Gonzales, and D.J. Williams (“Defendants”). Based upon the Court’s review of the Complaint pursuant to 28 U.S.C. §§ 1915 and 1915A, several claims appear barred by res judicata, and hence, subject to dismissal. As set forth below, the Court hereby grants Plaintiff an opportunity to voluntarily dismiss the barred claims and proceed on the remaining Eighth Amendment deliberate indifference claim against Defendants.

II.

PROCEDURAL HISTORY

On June 24, 2019, Plaintiff, an inmate at CSP-Corocan, constructively filed1 the instant Complaint against Defendants in their individual capacity. ECF Docket No. (“Dkt.”) 1. Plaintiff appears to allege violations of his right to privacy under the Eighth and Fourth Amendments, right

1 Under the “mailbox rule,” when a pro se inmate gives prison authorities a pleading to mail to court, the court deems the pleading constructively “filed” on the date it is signed. Roberts v. Marshall, 627 F.3d 768, 770 n.1 (9th Cir. 2010) (citation omitted); Douglas v. Noelle, 567 F.3d 1103, 1107 (9th Cir.…