Simmons v. State of California et al

Filing 27

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 03/26/20 RECOMMENDING that this action be dismissed with prejudice and this case 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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MELVIN JOSEPH SIMMONS,

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No. 2:18-cv-01489 MCE CKD P

Plaintiff,
v.

FINDINGS AND RECOMMENDATIONS

STATE OF CALIFORNIA, et al.,
Defendants.

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Plaintiff, a state prisoner proceeding pro se and in forma pauperis, seeks relief pursuant to

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42 U.S.C. § 1983. On March 25, 2019, plaintiff’s First Amended Complaint was dismissed with

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leave to amend. (ECF No. 18.) Plaintiff’s Second Amended Complaint (“SAC”) is now before

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the court for screening. (ECF No. 26.) See 28 U.S.C. § 1915A(a).

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Having reviewed the SAC, the undersigned concludes that it fails to cure the defects of the

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original complaint as discussed in the March 25, 2019 screening order, or state a cognizable claim

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against any defendant. Because it appears that another round of amendment would be futile, the

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undersigned will recommend that this action be dismissed with prejudice for failure to state a

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claim upon which relief can be granted.

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Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed with
prejudice and this case closed.
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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may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th

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Cir. 1991).

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Dated: March 26, 2020

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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