(PC) Ogelsby v. Department of Corrections

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JESSE FRANK OGLESBY, No. 2:18-cv-0113 KJN P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

DEPARTMENT OF CORRECTIONS, et al., 15 Defendants. 16 I. Introduction Plaintiff is a state prisoner, proceeding pro se and in forma pauperis, with a civil rights complaint under 42 U.S.C. § 1983. Plaintiff has been provided two opportunities in which to plead sufficient facts to state an Eighth Amendment claim. Despite such opportunities, the undersigned finds that plaintiff fails to do so. Accordingly, the court recommends that plaintiff’s second amended complaint be dismissed without prejudice, but without leave to amend. II. Screening Standards The court is required to screen complaints brought by prisoners seeking relief against a governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). The court must dismiss a complaint or portion thereof if the prisoner has raised claims that are legally 27 …