Armstrong v. Young et al

Filing 53

ORDER signed by Magistrate Judge Kendall J. Newman on 8/20/13 DENYING without prejudice 52 Motion. (Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BRADY K. ARMSTRONG,

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No. 2:12-cv-0123 TLN KJN P

Plaintiff,

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v.

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D. YOUNG, et al,

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ORDER

Defendants.

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Plaintiff is a state prisoner proceeding without counsel. On August 9, 2013, plaintiff filed

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a motion seeking court intervention to locate defendant Young. However, on June 28, 2013,

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plaintiff was ordered to show cause why defendant Young should not be dismissed from this

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action based on res judicata grounds. Plaintiff did not respond to the order to show cause, and on

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August 7, 2013, the undersigned recommended that plaintiff’s claims against defendant Young be

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dismissed on res judicata grounds. Thus, it is not necessary at this time to locate defendant

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Young. Rather, if plaintiff wishes to maintain his claims against defendant Young, he must

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demonstrate why such claims are not barred by res judicata.

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IT IS HEREBY ORDERED that plaintiff’s motion (ECF No. 52) is denied without

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prejudice.

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Dated: August 20, 2013

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/arms0123.den

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