Ruiz v. Mobert

Filing 60

FINDINGS and RECOMMENDATIONS that 57 Defendant's Motion to Dismiss be Granted re 43 Amended Prisoner Civil Rights Complaint, signed by Magistrate Judge Helena M. Barch-Kuchta on 6/30/2021. Referred to Judge Ishii; Objections to F&R due within twenty-one (21) days. (Rivera, O)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROGELIO MAY RUIZ,

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Plaintiff,
v.
R. MOBERT, Official Regular at CSATF
Corcoran Prison,

Case No. 1:17-cv-00709-AWI-HBK
FINDINGS AND RECOMMENDATIONS
THAT DEFENDANT'S MOTION TO
DISMISS BE GRANTED
(Doc. No. 57)
OBJECTION PERIOD TWENTY-ONE DAYS

Defendant.

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Plaintiff Rogelio May Ruiz (“Plaintiff” or “Ruiz”), a state prisoner proceeding pro se and

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in forma pauperis, initiated this action by filing a civil rights complaint pursuant to 42 U.S.C. §

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1983 on December 23, 2016. (Doc. Nos. 1, 11). Ruiz is proceeding on his Second Amended

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Complaint (Doc. No. 43, “SAC”) as screened which alleges an Eighth Amendment excessive use

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of force claim against Defendant Mobert. (Doc. Nos. 44, 48, 49). Pending is Defendant Mobert’s

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Motion to Dismiss filed November 19, 2020, seeking dismissal of the SAC pursuant to Fed. R.

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Civ. P. 12(b)(6) on the basis that the claim is barred by claim preclusion. (Doc. No. 57,

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“Motion”). Ruiz did not timely file a response to the Motion. (See docket). On April 7, 2021, in

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an abundance of caution, the Court sua sponte granted pro se Plaintiff a twenty-one-day extension

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of time to file an opposition, if any, to the Motion. (Doc. No. 59). That additional time has

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expired, and Ruiz elected not to file an opposition. (See docket). Based upon the facts in the

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record and governing law, the undersigned recommends Defendant’s Motion be granted and this

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action be dismissed with prejudice.

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I.

APPLICABLE LAW

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A motion filed under Federal Rule of Civil Procedure 12(b)(6) “tests the legal sufficiency

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of a claim.” Navarro v. Block, 250 F.3d 729, 732 (9th Cir. 2001). Dismissal of the complaint, or

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any claim within it, “can be based on the lack of a cognizable legal theory or the absence of

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sufficient facts alleged under a cognizable legal theory.” Balistreri v. Pacifica Police Dep't, 901

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F.2d 696, 699 (9th Cir. 1990). In order to survive dismissal for failure to state a claim a

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complaint must contain more than “a formulaic recitation of the elements of a cause of action;” it

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must contain factual allegations sufficient “to raise a right to relief above the speculative level.”

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Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007).

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Because Ruiz is a pro se litigant, his pleadings are held to a less stringent standard than

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those drafted by lawyers. Haines v. Kerner, 404 U.S. 519, 520 (1972). The court has an

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obligation to construe pro se pleadings liberally, Bretz v. Kelman, 773 F.2d 1026, 1027 n. 1 (9th

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Cir. 1985) (en banc), however, a liberal interpretation of a pro se complaint does not require the

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court to supply essential elements of the claim that were not pled. Ivey v. Bd. of Regents of Univ.

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of Alaska, 673 F.2d 266, 268 (9th Cir. 1982); see also Pena v. Gardner, 976 F.2d 469, 471 (9th

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Cir. 1992)

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A motion to dismiss on the basis of claim preclusion or res judicata is properly brought

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under Rule 12(b)(6) if the defense does not raise any disputed issues of fact. Neitzke v. Williams,

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490 U.S. 319, 328 (1989); Scott v. Kuhlmann, 746 F.2d 1377, 1378 (9th Cir. 1984). When a

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claim was or could have been raised in a prior action, it cannot subsequently be brought in a

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separate matter. Montana v. United States, 440 U.S. 147, 153 (1979); Clements v. Airport Auth.

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of Washoe County, 69 F.3d 321, 327 (9th Cir. 1995); W. Radio Servs. Co. v. Glickman, 123 F.3d

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1189, 1192 (9th Cir. 1997). Claim preclusion “applies when there is (1) an identity of claims; (2)

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a final judgment on the merits; and (3) identity or privity between the parties.” Jacobsen v.

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Rushmore Loan Mgmt. Servs., LLC, 831 F. App'x 353, 354 (9th Cir. 2020) (citation and internal
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quotation marks omitted). While courts are typically constrained to the operative complaint when

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evaluating a motion to dismiss, they are permitted to take judicial notice of “matters of public

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record.” Beverly Oaks Physicians Surgical Ctr., LLC v. Blue Cross & Blue Shield of Illinois, 983

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F.3d 435, 439 (9th Cir. 2020).

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II.

FACTS AND ANALYSIS

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A. Judicial Notice

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Defendant requests the Court to take judicial notice of the proceedings in Ruiz v. Curry, et

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al., No. 1:17-cv-01407-DAD-SKO (E.D. Cal.). (Doc. No. 57-2). This Court may “judicially

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notice” facts and documents that “can be accurately and readily determined from sources whose

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accuracy cannot reasonably be questioned.” Fed. R. Evid. 201(b)(2). This encompasses other

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court proceedings “if those proceedings have a direct relation to matters at issue.” United States

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ex rel. Robinson Rancheria Citizens Council v. Borneo, Inc., 971 F.2d 244, 248 (9th Cir. 1992)

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(citation and internal quotation marks omitted); Trigueros v. Adams, 658 F.3d 983, 987 (9th Cir.

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2011).

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Defendant submits the Eight Amendment claim in the SAC stems from the same incident

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that formed the claim in another case already adjudicated on the merits. See Ruiz v. Curry, et al.,

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No. 1:17-cv-01407-DAD-SKO (E.D. Cal.). For the Court to evaluate the validity of Defendant’s

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argument, the Court must examine the related case file to determine whether Ruiz’s present claim

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mirrors or arises from this other cause of action. The documents of which Defendant requests the

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Court to take judicial notice – the docket and select filings in a separate case within this Court –

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are documents whose accuracy is self-evident. Accordingly, the Court takes judicial notice of the

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docket in Ruiz v. Curry, et al., No. 1:17-cv-01407-DAD-SKO (E.D. Cal.) and the filings therein.

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B. Ruiz v. Curry, et al., No. 1:17-cv-01407-DAD-SKO (E.D. Cal.)

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Plaintiff initiated the case Ruiz v. Curry, et al., No. 1:17-cv-01407-DAD-SKO (E.D. Cal.)

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on September 26, 2017 in the Northern District of California. (Ruiz v. Curry, et al., No. 1:17-cv-

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01407-DAD-SKO (E.D. Cal.), Doc. No. 1). The case was transferred to this Court on October

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18, 2018 because the allegations within Plaintiff’s complaint occurred at California State Prison,

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Corcoran (“CSP-Corcoran”) which is within this Court’s jurisdiction. (Id. at Doc. Nos. 10, 11).
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Plaintiff’s original complaint was screened and found deficient because it was written in

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Spanish. (Id. at Doc. No. 19). Plaintiff was given leave to and filed an amended complaint. (Id.

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at Doc. Nos. 19, 20). The Court again determined it failed to state a cognizable claim. (Id. at

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Doc. No. 20). Plaintiff was provided leave to further amend his complaint. (Id.).

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Plaintiff’s second amended complaint was filed on July 31, 2018. (Id. at Doc. No. 24). In

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that complaint, Plaintiff alleged that on December 4, 2013, he was “arrested” by R. Mobert and

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Mobert did not transfer Plaintiff’s personal property when he was moved to a different cell in

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CSP-Corcoran. (Id. at 3). Plaintiff claimed that an inventory of his property was forged by “J.

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Curry.” (Id.). Both R. Mobert and J. Curry were named as Defendants. (Id. at 2). Plaintiff

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requested the Court order Defendants to return his property. (Id.).
On January 3, 2019, the Court screened Plaintiff’s second amended complaint and again

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determined it stated no cognizable claims. (Id. at Doc. No. 28). Because Plaintiff “was provided

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the applicable pleading requirements and legal standards for his claims in the prior screening

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order,” the Court concluded further amendments would be futile and thus recommended dismissal

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with prejudice. (Id.). The Findings and Recommendations were adopted in full on February 25,

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2019, and judgment was entered against Plaintiff. (Id. at Doc. No. 35). Plaintiff unsuccessfully

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appealed that judgment to the Ninth Circuit. (Id. at Doc. Nos. 37-41, 43-45). Two subsequent

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motions for reconsideration were denied by this Court as “frivolous and untimely.” (Id. at Doc.

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Nos. 46-49).

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C. Ruiz v. Mobert, No. 1:17-cv-00709-AWI-HBK (E.D. Cal.)

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Ruiz likewise originally commenced this instant action in the Northern District of

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California and filed his initial complaint in Spanish. (Doc. Nos. 1, 18). After transfer to this

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Court on May 23, 2017 (Doc. No. 4), Ruiz filed an amended complaint on November 27, 2017.

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(Doc. No. 31). The Court appointed Ruiz limited counsel for purposes of filing a First Amended

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Complaint, which as screened was found to state an Eighth Amendment claim against Defendant

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Mobert. (Doc. Nos. 41, 42). Nonetheless, Ruiz elected to file a SAC, which is the operative

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complaint in this matter. (Doc. No. 43). Therein Plaintiff alleges, inter alia, that Defendant R.

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Mobert used excessive force against him during his “arrest” on December 3, 20131 when he

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dragged Plaintiff’s hand across the ground, causing a “big injury” and considerable bleeding. (Id.

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at 3). Plaintiff further claims Defendant Mobert filed a false report about the incident which led

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to Plaintiff’s internal transfer where Plaintiff “lost all my [sic] propertys.” (Id. at 4-5). The Court

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screened Plaintiff’s SAC and again permitted only the excessive force claim against Defendant

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Mobert to proceed. (Doc. No. 44).

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D. Identity of Claims

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Under the doctrine of claim preclusion, a final judgment forecloses “successive litigation

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of the very same claim, whether or not relitigation of the claim raises the same issues as the

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earlier suit.” New Hampshire v. Maine, 532 U.S. 742, 748 (2001). By “preclud[ing] parties from

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contesting matters that they have had a full and fair opportunity to litigate,” the doctrines of claim

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preclusion and/or res judicata (i.e. issue preclusion) protect against “the expense and vexation

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attending multiple lawsuits, conserv[e] judicial resources, and foste[r] reliance on judicial action

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by minimizing the possibility of inconsistent decisions.” Montana v. United States, 440 U.S. 147,

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153–154 (1979).

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In evaluating whether there is identity between the claims the Court considers four factors:

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“(1) whether rights or interests established in the prior judgment would be destroyed or impaired

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by prosecution of the second action; (2) whether substantially the same evidence is presented in

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the two actions; (3) whether the two suits involve infringement of the same right; and (4) whether

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the two suits arise out of the same transactional nucleus of facts.” Turtle Island Restoration

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Network v. U.S. Dep't of State, 673 F.3d 914, 917-18 (9th Cir. 2012) (internal quotations and

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citations omitted). The “most important” of these four factors is whether the claim stems from

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the same nucleus of facts. Costantini v. Trans World Airlines, 681 F.2d 1199, 1201–02 (9th Cir.

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1982). The undersigned considers each of the factors in seriatim.

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i. Rights or Interests

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The first factor, whether rights or interests established in the prior judgment would be

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destroyed or impaired by prosecution of the second action weighs against claim preclusion. The

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The First Amended Complaint states the action occurred on December 4, 2014. (Doc. No. 41 at 3, ¶ 11).

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Court notes the present action was technically transferred to this Court a few months before Ruiz

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v. Curry, et al., No. 1:17-cv-01407-DAD-SKO (E.D. Cal.) was transferred, although the second

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transferred action proceeded first. However, the Findings and Recommendations were adopted in

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full and judgment was entered against Plaintiff in the second action on February 25, 2019, well

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before Ruiz filed his Second Amended Complaint in the instant action on August 26, 2019.

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Nonetheless, the other action did not broach whether Defendant used excessive force. The

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Court’s finding that Plaintiff failed to allege a cognizable claim in alleging Defendant Mobert

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refused to return his property has no bearing on whether Defendant used excessive force.

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ii. Substantial Evidence

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The second factor, whether substantially the same evidence is presented in the two

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actions, cuts narrowly against identity of claims. Plaintiff’s SAC alleges Defendant used

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excessive force against him on December 3, 2013. (Doc. No. 43 at 3-4). It further alleges that, as

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a result of the incident with Defendant, Plaintiff was sent to “the hole” where he lost his property.

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(Id. at 4-5). Plaintiff’s complaint in Ruiz v. Curry centers on that loss of property and does not

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mention Defendant’s alleged excessive force. (Ruiz v. Curry, et al., No. 1:17-cv-01407-DAD-

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SKO (E.D. Cal.), Doc. No. 24). Thus, while the facts of both complaints stem from the same

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overarching incident, they focus on different aspects of it – excessive force and loss of property,

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respectively.

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iii. Infringement of Same Rights

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The third factor, whether the two suits involve infringement of the same right, cuts against

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identity of claims. Based upon the allegations in the SAC, the Court found Ruiz’s claim alleged

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an Eighth Amendment excessive use of force claim. The Court’s Findings and Recommendations

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in Ruiz v. Curry concluded Plaintiff filed a non-cognizable claim for Fourteenth Amendment

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denial of due process against Defendant concerning his property. (Ruiz v. Curry, et al., No. 1:17-

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cv-01407-DAD-SKO (E.D. Cal.), Doc. No. 28). The Curry Findings and Recommendations did

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not address Eighth Amendment excessive force because Plaintiff’s complaint in that matter did

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not raise it. (Id.).

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iv. Same Nucleus of Facts
Despite the previous three factors not favoring identity of claims, the Court nonetheless

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concludes the most important factor – whether the two complaints stem from the same nucleus of

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facts – demonstrates identity of claims. Plaintiff’s present complaint for excessive force alleges

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that on or about December 3, 2013, Defendant Mobert injured Plaintiff’s hand during the same

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“arrest” and then filed a false report about that incident which initiated Plaintiff’s transfer causing

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his lost property. (Doc. No. 43 at 3-5). Plaintiff’s complaint in Ruiz v. Curry, et al., No. 1:17-

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cv-01407-DAD-SKO (E.D. Cal.) alleges that on December 3, 2013 Defendant Mobert “arrested”

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him and then failed to transfer Plaintiff’s personal property when he was moved to a different cell

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in CSP-Corcoran. It is apparent that both complaints stem from the same incident and dispute.

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Indeed, both the First Amended Complaint filed in this action and SAC alleged both claims: An

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Eighth Amendment claim for excessive use of force and a Fourteenth Amendment loss of

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property claim. (Compare Doc. No. 41 with 43). The Court, however, did not permit the

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Fourteenth Amendment property claim to proceed, finding it not cognizable. (See Doc. Nos. 42,

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44, 48, 49).

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Ruiz clearly recognized that the claims were related but did not raise the excessive force

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claim in the Curry complaint. However, claim preclusion still applies if the claim “could have

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been raised” simultaneously with the other claim. Fuller v. Duke, 709 F. App'x 847, 848 (9th Cir.

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2017). Claim preclusion bars “all claims that could have been asserted in the prior action” in

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order to further court efficiency and preserve court resources. International Union v. Karr, 994

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F.2d 1426, 1430 (9th Cir. 1993). There is no reason why Ruiz could not have raised both issues in

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a single complaint. Because Ruiz’s against Mobert in the present matter and the Curry case arose

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from the same nucleus of facts, Ruiz should have advanced his excessive use of force claim in the

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Curry matter.

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E. Final Judgment on the Merits

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Next, the court considers whether Plaintiff’s complaint in Ruiz v. Curry, et al., No. 1:17-

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cv-01407-DAD-SKO (E.D. Cal.) ended in a final judgment on the merits. That case was

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dismissed for “failure to state a cognizable claim” and judgment was entered against Plaintiff.
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(Id. at Doc. Nos. 35-36). Subsequent appeals and motions for reconsideration of that judgment

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were unsuccessful and the case remains closed. (Id. at Doc. Nos. 37-41, 43-49).

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A “final judgment on the merits is synonymous with dismissal with prejudice.” Hells

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Canyon Pres. Council v. U.S. Forest Serv., 403 F.3d 683, 686 (9th Cir. 2005) (internal quotations

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omitted). A dismissal for failure to state a claim constitutes as a final judgment on the merits.

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Plaut v. Spendthrift Farm, Inc., 514 U.S. 211, 228 (1995); Stewart v. U.S. Bancorp, 297 F.3d 953,

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957 (9th Cir. 2002). Plaintiff’s Curry complaint was dismissed with prejudice for failure to state

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a claim. It thus qualifies as a final judgment on the merits.

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F. Identity or Privity Between Parties
Last, the Court considers whether identity or privity exists between the parties. Identity or

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privity is present when “there is ‘substantial identity’ between parties, that is, when there is

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sufficient commonality of interest.” In re Gottheiner, 703 F.2d 1136, 1140 (9th Cir. 1983)

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(citations omitted). The same parties’ involvement in different matters establishes privity or

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identity between them. In re Miller, 81 F. App'x 89, 90 (9th Cir. 2003), as amended on denial of

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reh’g (Apr. 29, 2004). The parties in the present matter, Ruiz and Defendant Mobert, were both

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parties in the Curry matter. Privity or identity between them accordingly exists.

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III.

CONCLUSION

Based upon a thorough review of the record and the filings in Case No. 1:17-cv-01407-

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DAD-SKO (E.D. Cal.) and applying governing law, the undersigned finds Defendant has satisfied

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all elements required to establish claim preclusion. Ruiz did not file a response in opposition to

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the Motion, despite being afforded a second opportunity to do so. “A failure to file a timely

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opposition may also be construed by the Court as a non-opposition to the motion.” Local Rule

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230(c). Because Plaintiff’s sole claim is precluded, the undersigned recommends that

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Defendant’s Motion (Doc. No. 57) be granted and this case be dismissed.

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Accordingly, it is RECOMMENDED:

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1. Defendant’s Motion to Dismiss (Doc. No. 57) be GRANTED.

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2. This matter be dismissed with prejudice

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NOTICE TO PARTIES

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These findings and recommendations will be submitted to the United States District Judge

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assigned to the case pursuant to the provisions of Title 28 U.S.C. § 636(b)(1). Within twenty-one

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(21) days after being served with these findings and recommendations, any party may file written

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objections with the court. The document should be captioned “Objections to Magistrate Judge’s

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Findings and Recommendations.” Any response to the objections shall be filed within seven (7)

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days after service of the objections. The parties are advised that failure to file objections within

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the specified time may result in the waiver of rights on appeal. Wilkerson v. Wheeler, 772 F.3d

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834, 838-39 (9th Cir. 2014) (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)).

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IT IS SO ORDERED.

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Dated:
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June 30, 2021
HELENA M. BARCH-KUCHTA
UNITED STATES MAGISTRATE JUDGE

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