Duffy

(PC) Brown v. Duffy

Good Law
United States District Court, Eastern District of CaliforniaApril 17, 20202:18-cv-02494California1,462 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 LANCE BROWN, No. 2:18-cv-02494-TLN-CKD P Plaintiff, v. ORDER AND BRAIN DUFFY, et al., FINDINGS AND RECOMMENDATIONS Defendants. 16 Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983 that was removed from state court. By order filed May 24, 2019, the undersigned screened plaintiff’s complaint and dismissed it with leave to amend. ECF No. 6. On September 25, 2019 the court issued Findings and Recommendations that this case be dismissed without prejudice based on plaintiff’s failure to file an amended complaint. ECF No. 15. However, plaintiff filed a first amended complaint on October 2, 2019. ECF No. 16. Currently pending before the court is defendants’ motion to strike the first amended complaint or, in the alternative, to screen the complaint pursuant to 28 U.S.C. § 1915A. ECF No. 18. For the reasons outlined below, the…

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