(PC) Brown v. Katz

Opinion

RONNIE CHEROKEE BROWN, No. 2:21-cv-02288-EFB P Plaintiff, v. ORDER AND FINDINGS AND RECOMMENDATIONS Defendant. Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 U.S.C. § 1983. He alleges that defendant used excessive force against him on March 25, 2020 by slamming his hand in the food port of his cell. ECF No. 1 at 4. Plaintiff raised the same claim against defendant in Case No. 2:20-cv-02386-EFB (E.D. Cal.) (“Brown I”). Plaintiff dismissed that case with prejudice on February 3, 2021 following an agreed-upon settlement. Brown I, ECF No. 18. Accordingly, he is precluded from raising the claim again in this court. Semtek Int’l Inc. v. Lockheed Martin Corp., 531 U.S. 497, 505-06 (2001) (a voluntary dismissal with prejudice bars further action on the same claim in the same court); Wojciechowski v. Kohlberg Ventures, LLC, 923 F.3d 685, 689-90 (9th Cir. 2019) (a court-approved settlement followed by a judgment entered with prejudice has preclusive effect). ///// ///// ] It is therefore ORDERED that the Clerk of Court randomly assign a United States District Judge to this action; and it 1s further RECOMMENDED that the District Judge dismiss the instant case as barred by the dismissal, with prejudice, of Case No. 2:20-cv-02385-EFB. These findings and recommendations are submitted to the United States District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen days after being served with these findings and recommendations, any party may file written objections with the court and serve a copy on all parties. Such a document should be captioned “Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections within the specified time may waive the right to appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Yist, 951 F.2d 1153 (9th Cir. 1991). Dated: February 2, 2022. Vp ZZ, UNITED STATES MAGISTRATE JUDGE