Vuong
Francisco Merino v. Vivian Vuong, et al.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 Francisco Merino, No. 2:21-cv-00826-KJM-DMC Plaintiff, ORDER v. Vivian Vuong, et al., 1S Defendants. 16 Plaintiff Francisco Merino, who is incarcerated, filed this civil rights action in 2021. ECF No. 1. The case was referred to a Magistrate Judge under the Local Rules of this District. The Magistrate Judge granted Merino’s motion to proceed in forma pauperis and screened his 20 complaint, as required by the relevant statute. ECF Nos. 6, 15. The Magistrate Judge dismissed the original complaint for failure to state a claim, but with leave to amend, and ultimately permitted Merino to amend his complaint three times. ECF Nos. 18, 19, 20, 22, 29, 30. The Magistrate Judge then recommended dismissing the action for failure to state a claim, and this 24 court adopted that recommendation in 2022. See Findings & Recommendations, ECF No. 32, adopted, ECF No. 56. The Ninth…