Moreno

Moreno v. Pena

Good Law
United States District Court, Northern District of CaliforniaMay 26, 20213:21-cv-00683California792 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 JOSE RIGOBERTO MORENO, Case No. 21-cv-00683-WHO

Plaintiff,

ORDER ADOPTING MAGISTRATE

v. JUDGE’S REPORT AND

RECOMMENDATION

PENA, et al., Re: Dkt. No. 22 Defendants.

12 On May 10, 2021, Magistrate Judge Joseph C. Spero issued a Report and Recommendation (“R&R”), recommending that plaintiff Jose Rigoberto Moreno’s Amended Complaint be dismissed with prejudice based on the preclusive effect of the judgment I entered in Moreno v. Brettkelly, No. 20-cv-02082-WHO (N.D. Cal. Jan 7, 2021). Dkt. No. 22. Objections were due on or before May 24, 2021. On May 22, 2021, Moreno filed a “Supplemented Statement Explaining Assigned Orders by Magistrate Judge,” which I will construe as an objection. Dkt. No. 26. In Moreno v. Brettkelly, after conducting an initial review pursuant to 28 U.S.C. § 1915(e)(2), I granted Moreno leave to amend his complaint. Dkt. No. 15. Because Moreno’s amended complaint still failed to state a claim on which relief…

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