(PS) Reyes v. Kaiser Permanente Foundation Hospital
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 IRVIN REYES, No. 2:21-cv-0571-KJM-CKD PS Plaintiff, v. FINDINGS AND RECOMMENDATIONS KAISER PERMANENTE FOUNDATION (ECF Nos. 1 & 2)
HOSPITAL,
15 Defendant.
17 Plaintiff is proceeding without counsel in this action1—his third federal suit against Kaiser Permanente—and this time has requested leave to proceed in forma pauperis (“IFP”) pursuant to 28 U.S.C. § 1915. (ECF No. 2.) Plaintiff’s application in support of his request to proceed IFP makes the required financial showing. However, the undersigned recommends denying plaintiff IFP status because—as explained below—the complaint fails to state a claim for relief, because it is barred by the doctrine of res judicata. For the same reason, the undersigned also recommends ////
1 This action is referred to the undersigned for pre-trial proceedings pursuant to 28 U.S.C. § 636(b)(1) and Local Rule 302(c)(21).
2 See Minetti v. Port of Seattle, 152 F.3d 1113, 1115 (9th Cir.…