Gary

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

BRYAN ESCOBAR, 1:19-cv-00321-DAD-GSA-PC

Plaintiff, FINDINGS AND RECOMMENDATIONS,

RECOMMENDING THAT THIS CASE BE

vs. DISMISSED FOR FAILURE TO STATE A

CLAIM UNDER SECTION 1983, WITHOUT

LIEUTENANT C. GARY, PREJUDICE TO FILING A PETITION FOR

WRIT OF HABEAS CORPUS

(ECF No. 14.) Defendant. OBJECTIONS, IF ANY, DUE WITHIN

FOURTEEN (14) DAYS

19 I. BACKGROUND Plaintiff, Bryan Escobar, is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On February 28, 2019, Plaintiff filed the Complaint commencing this action in the Sacramento Division of the United States District Court for the Eastern District of California. (ECF No. 1.) On March 11, 2019, the case was transferred to this court. (ECF No. 5.) On May 28, 2020, the court issued a screening order dismissing the Complaint for failure to state a claim, with leave to amend. …