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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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MICHAEL ODIS JOHNSON,

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No. 2:14-cv-0401 MCE CKD P

Plaintiff,
v.

FINDINGS AND RECOMMENDATIONS

V. M. ALNAGER, et al.,
Defendants.

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Plaintiff is a state prisoner, proceeding pro se and in forma pauperis, who seeks relief

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pursuant to 42 U.S.C. § 1983. Plaintiff’s First Amended Complaint was dismissed for failure to

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state a claim, and plaintiff was granted leave to amend. Before the court is plaintiff’s Second

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Amended Complaint (“SAC”), filed April 23, 2014.

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The court is required to screen complaints brought by prisoners seeking relief against a

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governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). The

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court must dismiss a complaint or portion thereof if the prisoner has raised claims that are legally

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“frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek

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monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915A(b)(1), (2).

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Here, the court finds that the SAC fails to cure the defects of the previous amended

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complaint. As the court concludes that further leave to amend would be futile, it will recommend

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dismissal of this action without prejudice.
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Accordingly, IT IS HEREBY RECOMMENDED that:

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1. The Second Amended Complaint (ECF No. 12) be dismissed; and

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2. This case be closed.

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These findings and recommendations are submitted to the United States District Judge

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assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days

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after being served with these findings and recommendations, plaintiff may file written objections

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with the court. Such a document should be captioned “Objections to Magistrate Judge’s Findings

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and Recommendations.” Plaintiff is advised that failure to file objections within the specified

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time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153

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(9th Cir. 1991).

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Dated: May 15, 2014

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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