(PC) Cortez v. K.V.S.P. Warden

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 ALBERT CORTEZ, Case No.: 1:23-cv-01755-CDB Plaintiff, FINDINGS AND RECOMMENDATIONS

TO DISMISS FOR PLAINTIFF’S (1)

v. FAILURE TO STATE A CLAIM, (2)

FAILURE TO EXHAUST REMEDIES, AND

K.V.S.P. WARDEN, et al., (3) FAILURE TO OBEY COURT ORDERS

TO PROSECUTE

Defendants. 14-DAY DEADLINE 16 Clerk of the Court to Assign District Judge

Plaintiff Albert B. Cortez is proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. I. INTRODUCTION On April 26, 2024, the Court issued its First Screening Order. (Doc. 9). The Court found that Plaintiff’s complaint failed to state an Eighth Amendment failure to protect claim against any defendant. In addition, Plaintiff’s complaint failed to identify how each defendant individually violated the Eighth Amendment, as the complaint directed no allegations towards either the R&R sergeant or the warden of Kern Valley State Prison. Id.…