Contine v. Credio et al
Filing
10
ORDER - IT IS ORDERED granting Defendants' Motion to Dismiss (Doc. 9 ). Plaintiff's Complaint (Doc. 1 -2 at 1-7) is dismissed with prejudice. The Court further finds, in its discretion, that Defendants are entitled to an award of reason able attorneys' fees pursuant to 42 U.S.C. § 1988(b). Application for an award of attorneys' fees shall be filed in accordance with the Federal Rules of Civil Procedure within ten business days of the filing of this Order. See document for further details. Signed by Magistrate Judge Eileen S Willett on 06/05/2015. (ATD)
1
WO
2
3
4
5
6
IN THE UNITED STATES DISTRICT COURT
7
FOR THE DISTRICT OF ARIZONA
8
9
Zachary Contine,
No. CV-15-00813-PHX-ESW
Plaintiff,
10
11
v.
12
ORDER
Ronald Credio, et al.,
13
Defendants.
14
15
16
The Court has considered Defendants’ Motion to Dismiss (Doc. 9) filed on May
12, 2015. No response has been filed. The matter is deemed submitted for decision. 1
17
LRCiv 7.2(i) provides that if counsel does not serve and file a timely responsive
18
memorandum to a motion, such non-compliance may be deemed a consent to the granting
19
of the pending motion, and the Court may summarily dispose of the motion. Therefore,
20
the Court may summarily dispose of Defendants’ Motion to Dismiss. In addition, the
21
Court finds upon review of the public records provided in Defendants’ Motion to
22
Dismiss, Plaintiff’s claims against Defendants are barred as a matter of law on the basis
23
of claim preclusion and issue preclusion. 2 In addition, Plaintiff’s Complaint fails to state
24
a claim as a matter of law. Therefore, the Court will dismiss Plaintiff’s Complaint with
25
prejudice on the merits.
26
27
28
1
(Doc. 8).
2
The parties have consented to the exercise of Magistrate Judge jurisdiction
The Court may take judicial notice of public records.
1
Plaintiff previously litigated his current claim in Maricopa County Superior Court
2
CV 2013-001618. Final judgment was entered against Plaintiff in favor of the State of
3
Arizona and Arizona Department of Corrections on June 25, 2014. As employees of the
4
Arizona Department of Corrections, the named Defendants in this case are parties in
5
privity with the Arizona Department of Corrections for purposes of claim and issue
6
preclusion. See Corbett v. Manor Care of Am., Inc., 146 P.3d 1027, 1039 (Ariz. Ct. App.
7
2006). Defendants correctly set forth in their Motion to Dismiss the application of the
8
legal concepts of claim and issue preclusion to this case. Defendants further persuasively
9
set forth an analysis of how Plaintiff has failed to state a claim as a matter of law.
10
For the reasons set forth in Defendants’ Motion to Dismiss,
11
IT IS ORDERED granting Defendants’ Motion to Dismiss (Doc. 9). Plaintiff’s
12
Complaint (Doc. 1-2 at 1-7) is dismissed with prejudice.
13
The Court further finds, in its discretion, that Defendants are entitled to an award
14
of reasonable attorneys’ fees pursuant to 42 U.S.C. § 1988(b). Application for an award
15
of attorneys’ fees shall be filed in accordance with the Federal Rules of Civil Procedure
16
within ten business days of the filing of this Order.
17
Dated this 5th day of June, 2015.
18
19
20
21
22
23
24
25
26
27
28
-2-
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?