Petersen

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

8 Case No. 1:20-cv-00999-DAD-EPG

KYLE PETERSEN, ORDER GRANTING MOTION TO

PROCEED WITH CASE

Plaintiff, 11 (ECF No. 12) v.

FINDINGS AND RECOMMENDATIONS

MEKIASH BUYARD,

THAT THIS CASE BE DISMISSED, WITH Defendant. PREJUDICE, BASED ON RES JUDICATA

AND FAILURE TO STATE A CLAIM

15 (ECF No. 1)

OBJECTIONS, IF ANY, DUE WITHIN

TWENTY-ONE (21) DAYS

18 Plaintiff, Kyle Petersen, is proceeding pro se and in forma pauperis in this civil rights action, filed on July 20, 2020, pursuant to 42 U.S.C. § 1983. (ECF No. 1.) The complaint alleges that Mekisha Buyard, a California Department of Correction and Rehabilitation Parole Agent, violated his Fourth Amendment rights by unlawfully searching the contents of his various cell phones. Plaintiff filed a civil action on the same allegations against the same Defendant in Case No. 19-cv-235. (Case No. 19-cv-235, ECF No. 1). That case was dismissed by a final judgment on the merits on December 17, 2019. (ECF Nos. 21, 22;…