Akabike

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 ALVARO QUEZADA, Case No. 1:18-cv-00797-DAD-JLT (PC)

Plaintiff, FINDINGS AND RECOMMENDATIONS

TO DISMISS CERTAIN CLAIMS AND

v. DEFENDANT

S. SHERMAN, et al., (Doc. 29)

Defendants. 21-DAY DEADLINE

16 Plaintiff alleges deliberate indifference to his health and safety, conspiracy, retaliation, denial of access to the courts, and violations of the Americans with Disabilities Act. (See Doc. 29.) The Court finds that Plaintiff’s third amended complaint states cognizable claims of deliberate indifference against Defendants Akabike, Ceja, and Harris, but his conspiracy claims, ADA claims, and First Amendment claims against Defendant Sherman are not cognizable. Given that Plaintiff has received three opportunities to amend (see Docs. 13, 19, 23, 28), the Court finds that further amendment would be futile. See Akhtar v. Mesa, 698 F.3d 1202, 1212-13 (9th Cir. 2012). The Court therefore recommends that Defendant…