Biter

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

KRISTOPHER KIRCHNER, ) Case No.: 1:18-cv-0516 JLT BAM ) Plaintiff, ) ORDER ADOPTING IN FULL THE FINDINGS ) AND RECOMMENDATIONS, GRANTING THE v. ) MOTION TO DISMISS, AND DIRECTING THE ) CLERK OF COURT TO CLOSE THE CASE M. BITER, et al., ) ) (Docs. 42, 53) Defendants. ) )

Plaintiff seeks to hold the defendants liable for a violation of his due process rights related to disciplinary proceedings pursuant to the Fourteenth Amendment. (Docs. 19, 22.) Defendants assert that Plaintiff litigated his claim with a petition for writ of habeas corpus in Del Norte County Superior Court, and the action is barred by the doctrine of res judicata. (See generally Doc. 42-1.) Thus, Defendants moved to dismiss the action with prejudice. (Doc. 42.) The assigned magistrate judge took judicial notice of proceedings in Del Norte County Superior Court Case No. HCPB-15-5095, including the petition and order granting the…