Haynes

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 ANDRE LAFON MOULTRIE, 1:18-cv-01555-LJO-SKO (PC)

Plaintiff,

FINDINGS AND RECOMMENDATIONS

v. TO DISMISS ACTION

HAYNES, et al., (Doc. 13)

Defendants. 21-DAY DEADLINE 16 Plaintiff Andre Lafon Moultrie, an inmate proceeding pro se and in forma pauperis, alleges that the defendants failed to protect him against assaults by other inmates in violation of the Eighth Amendment. (Doc. 13.) In Plaintiff’s first and second amended complaints, the Court found that Plaintiff failed to state a cognizable claim for relief.1 (Docs. 10, 12.) The Court provided Plaintiff with the pleading requirements and legal standards for his alleged claims and granted him leave to amend. (Id.) Despite these opportunities, Plaintiff still fails to state a cognizable claim in his third amended complaint (TAC). The Court finds that Plaintiff is unable to cure the deficiencies in his pleading, see Akhtar v. Mesa, 698 F.3d 1202, 1212-13 (9th Cir. 25 …