(PC) Smith v. Municipality of Fresno County

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

GARY PAUL SMITH, Case No. 1:19-cv-00651-DAD-EPG (PC)

Plaintiff, FINDINGS AND RECOMMENDATIONS,

RECOMMENDING THAT THIS THIRD

v. AMENDED COMPLAINT BE DISMISSED,

WITH LEAVE TO AMEND, FOR FAILURE

GAVIN NEWSOME, et al., TO STATE A CLAIM AND FAILURE TO

COMPLY WITH PLEADING STANDARDS

Defendants. (ECF NO. 27)

TWENTY-ONE (21) DAY DEADLINE

16 Gary Paul Smith (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis in this civil rights action. Plaintiff filed the complaint commencing this action on 19 May 14, 2019. (ECF No. 1). Plaintiff filed a First Amended Complaint on June 10, 2019. 20 (ECF No. 6). The Court screened Plaintiff’s First Amended Complaint, found that it failed to 21 state any cognizable claims, provided relevant legal standards concerning deliberate 22 indifference to a medical needs in violation of the Eighth Amendment, and gave Plaintiff leave 23 to amend on November 7, 2019. (ECF No. 21). …