Vasquez

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 BOBBY AYERS, Case No. 1:24-cv-01301-JLT-HBK (PC) 12 Plaintiff, FINDINGS AND RECOMMENDATIONS TO

DISMISS CASE1

13 v. (Doc. No. 20) 14 SERGEANT VASQUEZ AND OFFICER

HUDSON, FOURTEEN-DAY OBJECTION PERIOD

15 Defendants. 16 17 Pending before the Court for screening under 28 U.S.C. § 1915A is the pro se civil rights 18 Third Amended Complaint filed under 42 U.S.C. § 1983 by Bobby Ayers—a prisoner. (Doc. No. 19 20, “TAC”). For the reasons set forth below, the undersigned recommends the district court 20 dismiss the TAC because it fails to state any cognizable federal claim. 21 SCREENING REQUIREMENT 22 A plaintiff who commences an action while in prison is subject to the Prison Litigation 23 Reform Act (“PLRA”), which requires, inter alia, the court to screen a complaint that seeks relief 24 against a governmental entity, its officers, or its employees before directing service upon any 25 defendant. 28 U.S.C. § 1915A. This requires the…