Thorntona
(PC) Valenzuela v. Thorntona
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MARIO A. VALENZUELA, No. 2:23-cv-02494-DAD-EFB (PC) Plaintiff, v. FINDINGS AND RECOMMENDATIONS THORNTONA, et al., Defendants. 16 Plaintiff, a state inmate, proceeds without counsel in an action brought under 42 U.S.C. § 17 1983. This proceeding was referred to this court by Local Rule 302 pursuant to 28 U.S.C. § 18 636(b)(1). 19 On February 21, 2025, the court screened plaintiff’s first amended complaint pursuant to 20 28 U.S.C. § 1915A. ECF No. 16. The court dismissed the complaint for failure to state a claim 21 and granted plaintiff thirty days in which to file a second amended complaint to cure the 22 deficiencies. Id. The screening order warned plaintiff that failure to comply could result in a 23 recommendation that this action be dismissed. 24 The time for acting has now passed and plaintiff has not filed a second amended 25 complaint or otherwise responded to the court’s order. Thus, it appears that plaintiff is unable or 26 unwilling to cure the…