(PC) Martirosyan v. St. Andre

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RAFAEL MARTIROSYAN, No. 2:23-cv-01382-DAD-EFB 12 Plaintiff, 13 v. ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS IN PART AND

14 ST. ANDRE, et al., DISMISSING THE SECOND AMENDED

COMPLAINT WITH LEAVE TO AMEND

15 Defendants. (Doc. No. 19, 22) 16 17 Plaintiff Rafael Martirosyan is a state prisoner proceeding pro se in this civil rights action 18 brought pursuant to 42 U.S.C. § 1983. This matter was referred to a United States Magistrate 19 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On August 16, 2024, the assigned magistrate judge issued findings and recommendations 21 recommending that this action be dismissed without leave to amend due to plaintiff’s failure to 22 state a cognizable claim for relief in his second amended complaint (“SAC”). (Doc. No. 19.) In 23 this regard, the magistrate judge determined that plaintiff’s First Amendment claim alleging that 24 an unidentified Doe defendant opened plaintiff’s mail that was…