Pfeiffer

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RICARDO MARTINEZ, No. 1:19-cv-01684-DAD-SAB (PC) Plaintiff, v. ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS AND DISMISSING

C. PFEIFFER, et al., ACTION Defendants. (Doc. No. 24) 16 17 Plaintiff Ricardo Martinez is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On February 6, 2020, the assigned magistrate judge issued findings and recommendations recommending plaintiff’s second amended complaint (“SAC”) be dismissed due to its failure to state a claim. (Doc. No. 24.) Specifically, the magistrate judge found that plaintiff does not plausibly allege that any defendant was deliberately indifferent to his serious medical needs in violation of the Eighth Amendment. (Id. at 4–6.) The findings and recommendations contained 26 …