(PS) Paskiewicz v. Garcia-Brower ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 BRIANNA C. PASKIEWICZ, No. 2:21-cv-00123-TLN-AC 12 Plaintiff, 13 v. ORDER 14 LILIA GARCIA-BROWER, et al., 15 Defendants. 16 17 Plaintiff Brianna C. Paskiewicz (“Plaintiff”), an individual proceeding pro se, filed the 18 above-entitled action. The matter was referred to a United States Magistrate Judge pursuant to 28 19 U.S.C. § 636(b)(1)(B) and Local Rule 302(c)(21). 20 On January 28, 2021, the magistrate judge filed findings and recommendations herein 21 which were served on Plaintiff and which contained notice to Plaintiff that any objections to the 22 findings and recommendations were to be filed within twenty-one days. (ECF No 3.) Plaintiff 23 has filed objections to the findings and recommendations. (ECF No. 4.) However, Plaintiff fails 24 to adequately rebut or dispute the magistrate judge’s finding that the claims in the instant case 25 were already litigated in Paskiewicz v. Garcia-Brower et al., No. 2:20-cv-02238-TLN-AC (E.D. 26 Cal.) and therefore barred by the doctrine of res judicata. (Id.) 27 /// 28 /// 1 The Court presumes that any findings of fact are correct. See Orand v. United States, 602 2 | F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. 3 | See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). 4 The Court has reviewed the file and finds the findings and recommendations to be 5 || supported by the record and by the magistrate judge’s analysis. 6 Accordingly, IT IS HEREBY ORDERED that: 7 1. The Findings and Recommendations filed January 28, 2021 (ECF No. 3), are 8 | ADOPTED IN FULL; and 9 2. Plaintiff’s request to proceed in forma pauperis (ECF No. 2) is GRANTED, but the 10 || Complaint (ECF No. 1) is DISMISSED with prejudice because it is barred by the doctrine of res 11 || judicata. 12 ITIS SO ORDERED. 3 DATED: April 13, 2021 14 { ff /) 16 Troy L. Nunley ] U7 United States District Judge 18 19 20 21 22 23 24 25 26 27 28