(PC) Simmons v. State of California

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MELVIN JOSEPH SIMMONS, No. 2:18-cv-01489 MCE CKD P Plaintiff, v. FINDINGS AND RECOMMENDATIONS STATE OF CALIFORNIA, et al., Defendants. 16 Plaintiff, a state prisoner proceeding pro se and in forma pauperis, seeks relief pursuant to 42 U.S.C. § 1983. On March 25, 2019, plaintiff’s First Amended Complaint was dismissed with leave to amend. (ECF No. 18.) Plaintiff’s Second Amended Complaint (“SAC”) is now before the court for screening. (ECF No. 26.) See 28 U.S.C. § 1915A(a). Having reviewed the SAC, the undersigned concludes that it fails to cure the defects of the original complaint as discussed in the March 25, 2019 screening order, or state a cognizable claim against any defendant. Because it appears that another round of amendment would be futile, the undersigned will recommend that this action be dismissed with prejudice for failure to state a claim upon which relief can be granted. Accordingly, IT IS…