(PC) Beaton v. State of California, CDCR

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 PAUL NIVARD BEATON, Case No. 1:19-cv-01072-JLT (PC)

Plaintiff, FINDINGS AND RECOMMENDATIONS

TO DISMISS ACTION FOR FAILURE TO

v. STATE A CLAIM

STATE OF CALIFORNIA, et al., 21-DAY DEADLINE Defendants. 16 The Court screened Plaintiff’s complaint and found that it fails to state a cognizable claim for relief. (Doc. 7.) The Court provided Plaintiff with the legal standards for multiple causes of action and granted him leave to amend. (Id. at 4-7.) Plaintiff then filed a first amended complaint. (Doc. 9.) Once again, the amended complaint fails to state a cognizable claim. As explained more fully below, Plaintiff lacks standing because he fails to show that he suffered an injury in fact. The Court finds that Plaintiff is unable to cure the deficiencies in his pleading and therefore recommends that this action be dismissed. See Akhtar v. Mesa, 698 F.3d 1202, 1212-13 (9th Cir. 2012). I. SCREENING REQUIREMENT The…