(PC) Brown v. Katz ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RONNIE CHEROKEE BROWN, No. 2:21-cv-02288-EFB P 12 Plaintiff, 13 v. ORDER AND FINDINGS AND RECOMMENDATIONS 14 D. KATZ, 15 Defendant. 16 17 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 18 U.S.C. § 1983. He alleges that defendant used excessive force against him on March 25, 2020 by 19 slamming his hand in the food port of his cell. ECF No. 1 at 4. Plaintiff raised the same claim 20 against defendant in Case No. 2:20-cv-02386-EFB (E.D. Cal.) (“Brown I”). Plaintiff dismissed 21 that case with prejudice on February 3, 2021 following an agreed-upon settlement. Brown I, ECF 22 No. 18. Accordingly, he is precluded from raising the claim again in this court. Semtek Int’l Inc. 23 v. Lockheed Martin Corp., 531 U.S. 497, 505-06 (2001) (a voluntary dismissal with prejudice 24 bars further action on the same claim in the same court); Wojciechowski v. Kohlberg Ventures, 25 LLC, 923 F.3d 685, 689-90 (9th Cir. 2019) (a court-approved settlement followed by a judgment 26 entered with prejudice has preclusive effect). 27 ///// 28 ///// ] It is therefore ORDERED that the Clerk of Court randomly assign a United States District 2 | Judge to this action; and it 1s further RECOMMENDED that the District Judge dismiss the instant 3 | case as barred by the dismissal, with prejudice, of Case No. 2:20-cv-02385-EFB. 4 These findings and recommendations are submitted to the United States District Judge 5 | assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen days 6 | after being served with these findings and recommendations, any party may file written 7 | objections with the court and serve a copy on all parties. Such a document should be captioned 8 | “Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections 9 | within the specified time may waive the right to appeal the District Court’s order. Turner v. 10 | Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Yist, 951 F.2d 1153 (9th Cir. 1991). 11 | Dated: February 2, 2022. 12 13 Vp ZZ, 4 EDMUND F. 15 UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28