(PC) Ontiveros v. California Department of Corrections & Rehabilitation

I. BACKGROUND

25 Plaintiff is a state prisoner proceeding pro se and in forma pauperis and seeking relief 26 pursuant to 42 U.S.C. § 1983. This proceeding was referred to this Court pursuant to 28 U.S.C. § 27 636(b)(1) and Local Rule 302. Plaintiff originally filed this suit on April 22, 2019. (ECF No. 1.) 28 Plaintiff then filed a motion to amend his complaint, along with a first amended complaint on May 17, 2019. (ECF Nos. 7 & 8.) Plaintiff then filed another motion to amend, as well as a second amended complaint, on May 31, 2019. (ECF Nos. 11 & 12.) On November 22, 2019, this case was transferred from the Sacramento Division of the Eastern District of California to the Fresno Division of the Eastern District of California. (ECF No. 24.) For the reasons discussed herein, the court will grant Plaintiff’s motions for leave to amend (ECF Nos. 7 & 11.) and treats the second amended complaint as the operative complaint. Finally, upon screening Plaintiff’s second amended complaint, the Court finds that it fails to state a claim against any of the named Defendants. Plaintiff may file a third amended complaint based on the legal…