(PC)Maestas

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 9 RANDY MAESTAS, Case No. 1:23-cv-00893-EPG Plaintiff, ORDER TO ASSIGN A DISTRICT JUDGE v. FINDINGS AND RECOMMENDATIONS TO

DISMISS CASE, WITH PREJUDICE, BASED

BRYAN D. PHILLIPS, ON CLAIM PRECLUSION AND

FRIVOLOUSNESS

Defendant.

OBJECTIONS, IF ANY, DUE WITHIN

DAYS (ECF No. 1) 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, the Court issued an order noting that it appeared that Plaintiff’s claims were barred by claim preclusion because he brought them in a prior lawsuit, Maestas v. Phillips,…