Mosley

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ELIJAH LEE MILLER, No. 2:22-cv-0086 AC P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

HOWARD E. MOSLEY, Defendants. 16 Plaintiff, a state prisoner proceeding pro se, seeks relief pursuant to 42 U.S.C. § 1983 and has requested authority pursuant to 28 U.S.C. § 1915 to proceed in forma pauperis. ECF Nos. 1, 2, 5. This proceeding was referred a magistrate judge by Local Rule 302 pursuant to 28 U.S.C. § 636(b)(1)(B). For the reasons stated below, the undersigned will recommend that plaintiff’s motion to proceed in forma pauperis be denied as moot, and this action be summarily dismissed pursuant to principles of res judicata. I. RELEVANT PROCEDURAL HISTORY On December 8, 2021, plaintiff’s complaint in Miller v. Mosely, No. 2:21-cv-0052 TLN KJN P (“Mosely I”) was docketed. See Mosley I, ECF No. 1. Thereafter, on January 14, 2022, the instant complaint in Miller v. Mosely, No. 22-cv-0086 AC P…