Acosta

(PC) Brookins v. Acosta

Good Law
United States District Court, Eastern District of CaliforniaJanuary 31, 20231:19-cv-00401California778 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BARRY L. BROOKINS, Case No. 1:19-cv-00401-JLT-HBK (PC) Plaintiff, ORDER DENYING PLAINTIFF’S

CONSTRUED MOTION FOR

v. RECONSIDERATION F. ACOSTA, (Doc. No. 45) Defendant. 16 On January 20, 2023, Plaintiff filed a motion stating his opposition to the Court’s December 1, 2022. (Doc. No. 45). In its Order dated December 1, 2022, the Court permitted Defendant to file an amended answer to assert the affirmative defenses of collateral estoppel and res judicata; and, because the state court of appeals had not yet rendered its decision on the issuing giving rise to these affirmative defenses, the Court granted a limited stay of this action. (Doc. No. 39). Defendant filed a Second Amended Answer on December 5, 2022. (Doc. No. 41). Plaintiff requests the Court to reconsider its decision staying the instant action because “claim preclusion does not bar (the Plaintiff’s) § 1983 action.” (Doc. No. 45 at 1). …

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