Wellpath

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 SHARON N. DAILEY, No. 2:24-cv-00669-DAD-CKD Plaintiff, v. FINDINGS AND RECOMMENDATIONS WELLPATH, et al., Defendants. 16 Plaintiff is a former county inmate proceeding without counsel in this civil rights action removed from state court on March 1, 2024. This proceeding was referred to this court by Local Rule 302 pursuant to 28 U.S.C. § 636(b)(1). I. Procedural History Before the court could screen the second amended complaint that was removed from state court, plaintiff filed another amended complaint on April 11, 2024 that is the operative pleading before the court. See Loux v. Rhay, 375 F.2d 55, 57 (9th Cir. 1967) (citations omitted) (explaining that once an amended complaint is filed the original one is “treated thereafter as non- existent.”). Plaintiff labeled this pleading as the first amended complaint, and the court will keep this designation. ECF No. 16. II. Screening Requirement …