(PC) Brownlee v. Lynch

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BENJAMIN JUSTIN BROWNLEE, Case No. 2:23-cv-0261-TLN-JDP (P) Plaintiff, v. ORDER JEFFREY LYNCH, et al., Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, brings this action alleging that defendants violated her1 rights under the Eighth and Fourteenth Amendments. ECF No. 16. On June 9, 2023, I found that her amended complaint failed to state a cognizable claim against any defendant and recommended that it be dismissed without leave to amend. ECF No. 17. Those recommendations were adopted over plaintiff’s objections. ECF Nos. 18 & 19. After appeal, the Ninth Circuit reversed, holding that, although the substantive analysis finding no cognizable claim was correct, plaintiff had not been given adequate notice and an opportunity to correct the defects in the complaint. ECF No. 25 at 2. This screening order, which dismisses the amended complaint with leave to amend, shall serve as that notice and opportunity.

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