(PC)Maestas

(PC)Maestas v. Phillips

Good Law
United States District Court, Eastern District of CaliforniaJuly 26, 20231:23-cv-00893California2,626 words

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…

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