Macomber

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 FELTON LOVE, JR., No. 2:23-cv-00790-DJC-EFB (PC) Plaintiff, v. ORDER JEFF MACOMBER, et al., Defendants. 16 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On May 25, 2023, the Magistrate Judge filed findings and recommendations herein which were served on Plaintiff and which contained notice to Plaintiff that any objections to the findings and recommendations were to be filed within fourteen days. Plaintiff has filed objections to the findings and recommendations. In his objections, Plaintiff argues that the judgement that forms the basis for application of res judicata has been appealed, and thus is not final. However, the “established rule

1 Plaintiff also filed an interlocutory appeal with the Ninth Circuit. …