(PC) Paul N. Beaton v. State of California

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 PAUL NIVARD BEATON, Case No. 1:19-cv-00917-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. Clerk of the Court to Assign a District Judge

16 Plaintiff alleges a correctional officer subjected him to cruel and unusual punishment and discrimination. (Doc. 24.) The Court finds that Plaintiff’s operative, third amended complaint fails to state a claim on which relief can be granted. Given that Plaintiff has received two opportunities to amend (see Docs. 11, 16), the Court finds that further amendment would be futile 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 Court is required to screen complaints brought by prisoners seeking relief against a governmental entity or an officer or employee of a governmental…