Amezcua

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 PAUL A. TURNER, Case No.: 1:23-cv-01447-KES-CDB Plaintiff, FINDINGS AND RECOMMENDATIONS

TO DISMISS ACTION FOR PLAINTIFF’S

v. FAILURE TO STATE A CLAIM AND

FAILURE TO OBEY COURT ORDERS

C. AMEZCUA, et al., AND TO PROSECUTE

Defendants. 14-DAY DEADLINE

Plaintiff Paul A. Turner is proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. I. INTRODUCTION On July 8, 2024, the Court issued its First Screening Order. (Doc. 19). The Court found that Plaintiff is unable to plead cognizable Eighth Amendment claims related to his alleged erroneous classification as a gang affiliate. Id. at 10. However, the Court found that Plaintiff may be able to plead a cognizable Eighth Amendment failure to protect claim, a Fourteenth Amendment due process claim, and claims under the First and Fourth Amendments. Id. As a result, Plaintiff was ordered to do one of…