Odeluga

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

ELMER DOSIO, 1:19-cv-00675-DAD-GSA-PC

Plaintiff, ORDER DISMISSING FIRST AMENDED

COMPLAINT FOR FAILURE TO STATE

vs. A CLAIM, WITH LEAVE TO AMEND (ECF No. 11.) N. ODELUGA, et al.,

THIRTY-DAY DEADLINE TO FILE

Defendants. SECOND AMENDED COMPLAINT

18 I. BACKGROUND Elmer Dosio (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis with this civil rights action under 42 U.S.C. § 1983. On May 16, 2019, Plaintiff filed the Complaint commencing this action. (ECF No. 1.) On August 12, 2020, the court screened the Complaint and dismissed it for failure to state a claim under § 1983, with leave to amend. (ECF No. 10.) On September 16, 2020, Plaintiff filed the First Amended Complaint, which is now before the court for screening. 28 U.S.C. § 1915. (ECF No. 11.) II. SCREENING REQUIREMENT The court is required to screen complaints brought by prisoners seeking relief against…