Mobert
(PC) Ruiz v. Mobert
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ROGELIO MAY RUIZ, Case No. 1:17-cv-00709-AWI-HBK Plaintiff, FINDINGS AND RECOMMENDATIONS THAT DEFENDANT'S MOTION TO v. DISMISS BE GRANTED
R. MOBERT, Official Regular at CSATF (Doc. No. 57) Corcoran Prison, OBJECTION PERIOD TWENTY-ONE DAYS Defendant. 16 17 Plaintiff Rogelio May Ruiz (“Plaintiff” or “Ruiz”), a state prisoner proceeding pro se and in forma pauperis, initiated this action by filing a civil rights complaint pursuant to 42 U.S.C. § 1983 on December 23, 2016. (Doc. Nos. 1, 11). Ruiz is proceeding on his Second Amended Complaint (Doc. No. 43, “SAC”) as screened which alleges an Eighth Amendment excessive use of force claim against Defendant Mobert. (Doc. Nos. 44, 48, 49). Pending is Defendant Mobert’s Motion to Dismiss filed November 19, 2020, seeking dismissal of the SAC pursuant to Fed. R. Civ. P. 12(b)(6) on the basis that the claim is barred by claim preclusion. (Doc. No. 57, 25 …