Miranda

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DAMIEN LEE DAVIS, No. 2:18-cv-02894-CKD P Plaintiff, v. ORDER AND R. MIRANDA, FINDINGS AND RECOMMENDATIONS Defendant. 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. By order filed May 22, 2019, the undersigned screened plaintiff’s complaint and dismissed it with leave to amend. ECF No. 5. On August 14, 2019 plaintiff filed a first amended complaint. ECF No. 10. Currently pending before the court is defendant’s motion to dismiss plaintiff’s first amended complaint. ECF No. 11. Also pending before the court is plaintiff’s second amended complaint filed on September 17, 2019. ECF No. 13. For the reasons outlined below, the undersigned will strike defendant’s motion to dismiss as premature and will recommend dismissing plaintiff’s second amended complaint without further leave to amend. I. Screening…