Sherman

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

ALFREDO RUDY PENA, 1:18-cv-01527-NONE-GSA-PC

Plaintiff, FINDINGS AND RECOMMENDATIONS

RECOMMENDING THAT THIS CASE BE

v. DISMISSED, WITH PREJUDICE, FOR

PLAINTIFF’S FAILURE TO STATE A CLAIM

STUART SHERMAN, et al., (ECF No. 11.)

Defendants. OBJECTIONS, IF ANY, DUE WITHIN

FOURTEEN (14) DAYS

17 18 Alfredo Rudy Pena (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis with this civil rights action pursuant to 42 U.S.C. § 1983. On November 5, 2018, Plaintiff filed the Complaint commencing this action. (ECF No. 1.) On September 16, 2019, the court screened the Complaint and dismissed it for failure to state a claim, with leave to amend. 28 U.S.C. § 1915A. (ECF No. 6.) On October 21, 2019, Plaintiff filed the First Amended Complaint. (ECF No. 7.) On December 11, 2019, the court screened the First Amended Complaint and dismissed it for failure to state a claim, with leave to file a Second Amended…