(PC) Martirosyan v. St. Andre

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RAFAEL MARTIROSYAN, No. 2:23-cv-01382-DAD-EFB Plaintiff, v. ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS IN PART AND

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

COMPLAINT WITH LEAVE TO AMEND

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