Diaz

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

MARCIANO FLORES, 1:19-cv-01357-AWI-GSA-PC

Plaintiff, FINDINGS AND RECOMMENDATIONS,

RECOMMENDING THAT THIS CASE BE

v. DISMISSED, WITH PREJUDICE, FOR

PLAINTIFF’S FAILURE TO STATE A

RALPH DIAZ, et al., CLAIM (ECF No. 11.)

Defendants. OBJECTIONS, IF ANY, DUE WITHIN

FOURTEEN (14) DAYS

17 I. BACKGROUND Marciano Flores (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis with this civil rights action pursuant to 42 U.S.C. § 1983. On September 26, 2019, Plaintiff filed the Complaint commencing this action. (ECF No. 1.) On February 3, 2020, the court screened the Complaint and dismissed it for failure to state a claim, with leave to amend. (ECF No. 11.) On February 27, 2020, Plaintiff filed the First Amended Complaint which is now before the court for screening. (ECF No. 12.) 28 U.S.C. § 1915A. II. SCREENING REQUIREMENT The court is required to screen complaints…