(PS) Barroga v. Board of Administration, Cal PERS

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 LUCIO A. BARROGA, No. 2:19-cv-0921-MCE-KJN PS Plaintiff, FINDINGS AND RECOMMENDATIONS

TO DISMISS WITH PREJUDICE AND

v. TO DECLARE PLAINTIFF

A VEXATIOUS LITIGANT,

BOARD OF ADMINISTRATION, ORDER TO STAY ACTION WHILE

CAL.PUBLIC EMPLOYEES’ F&R IS PENDING

RETIREMENT SYSTEM, (ECF Nos. 20, 22) Defendant. 17 Plaintiff Lucio Barroga, proceeding without counsel, brings suit against Defendant “CalPERS” concerning his retirement benefits. (ECF No. 1.) CalPERS moves to dismiss for lack of subject matter jurisdiction (11th Amdt. immunity) and for failure to state a claim (claim and issue preclusion). (ECF No. 20.) CalPERS also requests the Court declare Barroga a vexatious litigant and issue a pre–filing order against him, given that these claims have been denied multiple times by both state and federal courts since the early 1990s. (ECF No. 22.) After a review of the record, the undersigned…