Phillips
(PC) Schmaus v. Phillips
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 JASON ERIK SCHMAUS, No. 1:23-cv-01125-SAB (PC) Plaintiff, ORDER DIRECTING CLERK OF COURT TO
RANDOMLY ASSIGN A DISTRICT JUDGE
v. TO THIS ACTION PHILLIPS, et al. FINDINGS AND RECOMMENDATIONS
RECOMMENDING DISMISSAL OF THE
Defendants. ACTION (ECF No. 27) 17 18 Plaintiff is proceeding pro se and in forma pauperis in this action filed pursuant to 42 U.S.C. § 1983. Plaintiff filed the instant action on July 21, 2023. On August 9, 2023, the Court screened Plaintiff’s initial complaint, found no cognizable claims, and granted Plaintiff thirty days to file an amended complaint. (ECF No. 9.) After receiving Plaintiff multiple extensions of time, Plaintiff eventually filed a first amended complaint on January 22, 2024. (ECF No. 19.) On March 18, 2024, the Court screened Plaintiff’s first amended complaint, found he stated a cognizable claim for deliberate…