Palko

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KEITH CANDLER, No. 2:19-CV-0394-MCE-DMC-P Plaintiff, v. FINDINGS AND RECOMMENDATIONS E. PALKO, Defendant. 16 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983. Pending before the Court is Defendant Palko’s motion to dismiss, ECF No. 23. Plaintiff filed a late opposition, ECF No. 25. According to Defendant, the current action is barred because Plaintiff’s claim has already been decided in Candler v. Baker, et al., E. Dist. Cal. Case No. 2:17-CV-1885-KJM-AC (prior action). / / / / / / / / / / / / / / / / / / / / / I. BACKGROUND A. The Current Action The current action proceeds on Plaintiff’s original complaint, filed on March 5, 2019. See ECF No. 1. Plaintiff’s claim relates to events which allegedly occurred in July 2016 while he was housed in administrative segregation. See id. at 5.…