Johnson v. Alnager et al

Filing 13

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 05/15/14 recommending that the second amended complaint 12 be dismissed and this case be closed. Referred to Judge Morrison C. England Jr. Objections due within 14 days. (Plummer, M)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL ODIS JOHNSON, 12 13 14 15 No. 2:14-cv-0401 MCE CKD P Plaintiff, v. FINDINGS AND RECOMMENDATIONS V. M. ALNAGER, et al., Defendants. 16 17 Plaintiff is a state prisoner, proceeding pro se and in forma pauperis, who seeks relief 18 pursuant to 42 U.S.C. § 1983. Plaintiff’s First Amended Complaint was dismissed for failure to 19 state a claim, and plaintiff was granted leave to amend. Before the court is plaintiff’s Second 20 Amended Complaint (“SAC”), filed April 23, 2014. 21 The court is required to screen complaints brought by prisoners seeking relief against a 22 governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). The 23 court must dismiss a complaint or portion thereof if the prisoner has raised claims that are legally 24 “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek 25 monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915A(b)(1), (2). 26 Here, the court finds that the SAC fails to cure the defects of the previous amended 27 complaint. As the court concludes that further leave to amend would be futile, it will recommend 28 dismissal of this action without prejudice. 1 1 Accordingly, IT IS HEREBY RECOMMENDED that: 2 1. The Second Amended Complaint (ECF No. 12) be dismissed; and 3 2. This case be closed. 4 These findings and recommendations are submitted to the United States District Judge 5 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 6 after being served with these findings and recommendations, plaintiff may file written objections 7 with the court. Such a document should be captioned “Objections to Magistrate Judge’s Findings 8 and Recommendations.” Plaintiff is advised that failure to file objections within the specified 9 time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 10 (9th Cir. 1991). 11 Dated: May 15, 2014 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 2 / john0401.sac_fr 21 22 23 24 25 26 27 28 2

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