(PC)Maestas
(PC)Maestas v. Phillips
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 9 RANDY MAESTAS, Case No. 1:23-cv-00893-EPG Plaintiff, ORDER TO SHOW CAUSE WHY CASE
SHOULD NOT BE DISMISSED, WITH
v. PREJUDICE, BASED ON CLAIM
PRECLUSION AND FRIVOLOUSNESS
BRYAN D. PHILLIPS,
RESPONSE DUE WITHIN TWENTY-ONE
Defendant. DAYS (ECF No. 1) 16 17 18 Plaintiff Randy Maestas is a prisoner proceeding pro se and in forma pauperis in this civil 19 rights action filed under 42 U.S.C. § 1983. (ECF Nos. 1, 5). Plaintiff filed his complaint on June 20 14, 2023, alleging that Warden Bryan D. Phillips has allowed a correctional officer named Belt to 21 still work after Belt purportedly attacked Plaintiff. (ECF No. 1). 22 Upon review of the allegations in the complaint, it appears that Plaintiff’s claims are barred by claim preclusion because he brought them in a prior lawsuit, Maestas v. Phillips, 1:23- cv-00467-JLT-BAM, which was dismissed as duplicative of two other cases. Additionally, it appears…