Opinion
3:21-cv-1400-JR
01-04-2022
MICHAEL RIAD KAADY, Plaintiff, v. PORTLAND POLICE DEPARTMENT, et al., Defendants.
FINDINGS RECOMMENDATION
Jolie A. Russo, United States Magistrate Judge
Pro se plaintiff, Michael Kaady, brings this action asserting violations of his Fourth, Fifth and Sixth Amendment rights related to his arrest by Portland Police on June 30, 2019.
On December 8, 2021, the Court ordered plaintiff to show cause why this action should not be dismissed, on res judicata grounds, as a result of the dismissal of Case No. 3:21-cv-966-AC. (ECF 10). On, or about December 27, 2021, plaintiff submitted a letter to the Court indicating he intended to submit the document filed as a complaint in this case as an amended complaint in the 21-cv-966 case. (ECF 12). Plaintiff states he intends to seek relief from the judgment in the 21-cv-966 case and pursue his claims through that action. Accordingly, this action should be dismissed, and this Court should express no opinion as to the proposed motion for relief from the judgment in Case No. 3:21-cv-966.
CONCLUSION
This action should be dismissed with prejudice, and a judgment should be entered.
This recommendation is not an order that is immediately appealable to the Ninth Circuit Court of appeals. Any notice of appeal pursuant to Rule 4(a)(1), Federal Rules of Appellate Procedure, should not be filed until entry of the district court's judgment or appealable order. The parties shall have fourteen (14) days from the date of service of a copy of this recommendation within which to file specific written objections with the court. Thereafter, the parties shall have fourteen (14) days within which to file a response to the objections. Failure to timely file objections to any factual determination of the Magistrate Judge will be considered as a waiver of a party's right to de novo consideration of the factual issues and will constitute a waiver of a party's right to appellate review of the findings of fact in an order or judgment entered pursuant to this recommendation.