(PC) Mazzei v. Mba et al

Filing 11

ORDER ADOPTING 10 Findings and Recommendations, DISMISSING this Action as Barred by Res Judicata, and DIRECTING the Clerk of Court to Close the Case, signed by District Judge Jennifer L. Thurston on 10/27/2024. CASE CLOSED. (Rivera, O)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 PAUL MAZZEI, 12 Plaintiff, 13 v. 14 15 MBA, et al., Defendants. Case No. 1:24-cv-0398 JLT EPG (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, DISMISSING THIS ACTION AS BARRED BY RES JUDICATA, AND DIRECTING THE CLERK OF COURT TO CLOSE THE CASE (Doc. 10) 16 17 Paul Mazzei is a state prisoner, who seeks to hold defendants liable for violations of his 18 civil rights, asserting physician’s assistant Sisodia and registered nurse Mba were deliberately 19 indifferent to his serious medical needs. (See generally Doc. 1.) Plaintiff brought a case based on 20 the same allegations and against the same defendants in state court (Doc. 1 at 12-13), which ruled 21 against Plaintiff on summary judgment (id. at 14, 18–21); and he then appealed, unsuccessfully 22 (id. at 13, 24- 26). The magistrate judge found the claims now raised by Plaintiff are barred by the 23 doctrine of res judicata, and recommended the action be dismissed. (Doc. 10 at 3-4.) 24 The Court served the Findings and Recommendations on Plaintiff and notified him that 25 any objections were due within 30 days. (Doc. 10 at 5.) The Court advised Plaintiff that the 26 “failure to file objections within the specified time may result in the waiver of rights on appeal.” 27 (Id., citing Wilkerson v. Wheeler, 772 F.3d 834, 838–39 (9th Cir. 2014).) Plaintiff did not file 28 objections, and the time to do so has passed. 1 According to 28 U.S.C. § 636(b)(1), this Court performed a de novo review of this case. 2 Having carefully reviewed the matter, the Court concludes the Findings and Recommendations 3 are supported by the record and proper analysis. Thus, the Court ORDERS: 4 1. The Findings and Recommendations issued on September 18, 2024 (Doc. 10) are 5 ADOPTED in full. 6 2. This action is DISMISSED with prejudice, as barred by res judicata. 7 3. The Clerk of Court is directed to close this case. 8 9 10 IT IS SO ORDERED. Dated: October 27, 2024 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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