Biter

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10

11 KRISTOPHER KIRCHNER, ) Case No.: 1:18-cv-0516 JLT BAM ) 12 Plaintiff, ) ORDER ADOPTING IN FULL THE FINDINGS ) AND RECOMMENDATIONS, GRANTING THE 13 v. ) MOTION TO DISMISS, AND DIRECTING THE ) CLERK OF COURT TO CLOSE THE CASE 14 M. BITER, et al., ) ) (Docs. 42, 53) 15 Defendants. ) ) 16

17 Plaintiff seeks to hold the defendants liable for a violation of his due process rights related to 18 disciplinary proceedings pursuant to the Fourteenth Amendment. (Docs. 19, 22.) Defendants assert 19 that Plaintiff litigated his claim with a petition for writ of habeas corpus in Del Norte County Superior 20 Court, and the action is barred by the doctrine of res judicata. (See generally Doc. 42-1.) Thus, 21 Defendants moved to dismiss the action with prejudice. (Doc. 42.) 22 The assigned magistrate judge took judicial notice of proceedings in Del Norte County Superior 23 Court Case No. HCPB-15-5095, including the petition and order granting the…