(PC) Mitchell v. Gonzales
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 JOHN EDWARD MITCHELL, No. 1:23-cv-00062-SAB (PC) Plaintiff, ORDER REGARDING DEFENDANTS’
MOTION TO DISMISS
v. (ECF No. 23) C. GONZALES, et al.,
Defendants. 16 17 Plaintiff John Edward Mitchell is proceeding pro se in this civil rights action filed pursuant to 42 U.S.C. § 1983. The parties consented to Magistrate Judge jurisdiction. (ECF No. 25.) Currently before the Court is Defendants’ motion to dismiss, filed October 9, 2023. I. PROCEDURAL BACKGROUND This action is proceeding against Defendants C. Gonzales and A. Leyva for violation of the First Amendment. On October 9, 2023, Defendants filed a motion to dismiss with prejudice on res judicata grounds. (ECF No. 23.) Plaintiff filed an opposition on October 24, 2023, and Defendants filed a reply on November 7, 2023. (ECF Nos. 26, 27.) 28 II. LEGAL STANDARD …