Macomber

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 FERNANDO MIGUEL DEOLIVEIRA, Case No. 1:23-cv-01022-EPG (PC) Plaintiff, ORDER TO ASSIGN A DISTRICT JUDGE

v. AND

JEFF MACOMBER, et al., FINDINGS AND RECOMMENDATIONS,

RECOMMENDING THAT THIS ACTION BE

Defendants. DISMISSED, WITHOUT FURTHER LEAVE

TO AMEND, FOR FAILURE TO STATE A

CLAIM

(ECF No. 9)

OBJECTIONS, IF ANY, DUE WITHIN

THIRTY DAYS

20 Plaintiff Fernando Miguel deOliveira (“Plaintiff”) is a state prisoner proceeding pro se 21 and in forma pauperis in this civil rights action filed pursuant to 42 U.S.C. §1983. Plaintiff filed 22 the complaint commencing this action on July 10, 2023. (ECF No. 1). The Court screened 23 Plaintiff’s complaint on December 20, 2023 (ECF No. 8), finding no cognizable claims and 24 providing leave to amend. Plaintiff filed a First Amended Complaint (FAC) on January 24, 2024, 25 which is before the…