Hayes

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

CHARLES HAYES, ) Case No.: 1:20-cv-01820-NONE-JLT ) Plaintiff, ) FINDINGS AND RECOMMENDATION TO ) DISMISS THE ACTION FOR CLAIM SPLITTING v. ) ) [TWENTY-ONE DAY OBJECTION DEADLINE] DEPUTY MARIO ROJAS, et al., ) Defendants. ) ) )

On December 30, 2020, the Court issued an order to show cause as to why the action should not be dismissed for claim splitting. (Doc. 8.) The plaintiff filed a response to the order to show cause on January 12, 2021. (Doc. 9.) For the following reasons, the Court recommends that the action be dismissed. BACKGROUND On December 6, 2019, Plaintiff Charles Hayes filed a complaint against Kern County and Does 1 through 10. (Doc. 1, Hayes v. Kern County, Case No. 1:19-cv-01722-JLT) (“Hayes I”). Hayes I brought four claims related to plaintiff allegedly being improperly held in custody based on an erroneous identification after his…