Winkfield
(PC) Belmonte v. Winkfield
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MIGUEL BELMONTE, No. 2:19-cv-1189 KJM AC P Plaintiff, v. FINDINGS AND RECOMMENDATIONS WINKFIELD, et al., Defendants. 16 Plaintiff, a state prisoner proceeding pro se and in forma pauperis, has filed this civil rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to this court pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. Plaintiff has filed a Second Amended Complaint (“SAC”) as well as two subsequently filed, unauthorized “supplements.” See ECF Nos. 17, 18, 20. For the reasons stated below, the undersigned recommends that this action be dismissed pursuant to 28 U.S.C. § 1915A(b)(1) for failure to state a claim upon which relief may be granted. //// ////
The first supplement includes a motion for a preliminary injunction. See ECF No. 18 at 4. On August 25, 2020, the undersigned issued findings and recommendations addressing that motion. See ECF No. 24. I. …