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Iotova v. Patel

Malpractice Suit Should Be Dismissed as Res Judicata, Litigation Bar Imposed as Sanction

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REPORT AND RECOMMENDATION

*1 Plaintiffs Issak Almaleh and Antoaneta Iotova, proceeding pro se, bring this suit against Iotova’s former criminal defense attorney, Andrew Patel, alleging malpractice, fraud, and negligence. See Complaint, filed Aug. 25, 2017 (Docket # 2) (“Compl.”). Patel now moves to dismiss the complaint with prejudice under the doctrine of res judicata.¹ For the following reasons, the motion to dismiss should be granted and an injunction should issue barring plaintiffs from filing any further lawsuit against Patel or his firm based on any conduct occurring prior to the date of the injunction.I. BACKGROUNDThe following facts are based on the allegations in the complaint. In addition, the Court takes judicial notice of proceedings in Iotova’s criminal prosecution and Iotova’s prior lawsuits

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