Stephens v. Espinoza et al

Filing 4

ORDER OF DISMISSAL WITH PREJUDICE. Signed by Judge Vince Chhabria on 7/18/2018. The deputy clerk hereby certifies that on 7/18/2018 a copy of this order was served by sending it via first-class mail to the address of each non-CM/ECF user listed on the Notice of Electronic Filing. (knm, COURT STAFF) (Filed on 7/18/2018)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

WILLIE FRED STEPHENS,

Case No. 18-cv-02633-VC (PR)

Plaintiff,
ORDER OF DISMISSAL WITH
PREJUDICE

v.
JENNY ESPINOZA, et al.,
Defendants.

Plaintiff Willie Fred Stephens, a state inmate at San Quentin State Prison, has filed a pro
se civil rights action under 42 U.S.C. § 1983 against Dr. Jenny Espinoza and Nurse Juliet De La
Cruz, employees at San Quentin. His motion for leave to proceed in forma pauperis is granted in
a separate order.
In this complaint, Stephens asserts the same claims against the same defendants as he
asserted in a previous complaint, Stephens v. Espinoza et al., Case No. C 15-00116 VC (PR). In
that case, on June 28, 2016, the Court granted the defendants’ motion for summary judgment and
judgment was entered in favor of the defendants. See Case No. C 15-00116 VC (PR), ECF Nos.
38, 39. Stephens appealed and, on June 14, 2017, the Ninth Circuit affirmed the judgment. Id. at
ECF No. 44. The mandate issued on February 1, 2018. Id. at ECF No. 47.
After claims are adjudicated on their merits, a plaintiff may not litigate the same claims
against the same defendants. This is barred by the doctrine of res judicata. See Montana v.
United States, 440 U.S. 147, 153 (1979) (under res judicata, a final judgment on the merits bars
further claims by parties or their privies based on the same cause of action). Therefore, Stephens

is barred from litigating this case. It is dismissed with prejudice because amendment would be
futile.
The clerk of the court shall enter a separate judgment and close the case.

IT IS SO ORDERED.
Dated: July 18, 2018
______________________________________
VINCE CHHABRIA
United States District Judge

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