(PC) Cuellar v. Madera County Dept. of Correction
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 TRAVIS JUSTIN CUELLAR, Case No. 1:20-cv-00388-HBK Plaintiff, ORDER GRANTING DEFENDANTS’
MOTION TO DISMISS AND DISMISSING
v. CASE1 MADERA COUNTY DEPT. OF (Doc. No. 20)
CORRECTIONS, BENJAMIN
MENDOZA and ALVAREZ, Defendants. 17 Plaintiff Travis Justin Cuellar (“Plaintiff” or “Cuellar”) initiated this action while he was incarcerated at the Madera County Correctional Facility by filing a pro se civil rights complaint under 42 U.S.C. § 1983 on March 16, 2020. (Doc. No. 1). Plaintiff is proceeding on his first amended complaint filed April 23, 2020. (Doc. No. 7). Before the Court is Defendants’ motion to dismiss the first amended complaint pursuant to Fed. R. Civ. P. 12(b)(6) on the basis that Cuellar’s claims are barred by the doctrine of res judicata. (Doc. No. 20). Cuellar filed an opposition to Defendants’ motion to dismiss and Defendants filed a reply. (Doc. Nos. 26, 27).2 25 1 Both parties consented to…