Hernandez

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 ALLEN HAMMLER, Case No. 1:19-cv-00616-SKO (PC)

Plaintiff, FINDINGS AND RECOMMENDATIONS

TO DISMISS CLAIMS

v. (Doc. 21) J. HERNANDEZ, 21-DAY DEADLINE Defendant. Clerk of the Court to Assign a District Judge 16 Plaintiff Allen Hammler alleges the defendant violated his free exercise and due process rights, subjected him to cruel and unusual punishment, and retaliated against him in violation of the First, Eighth, and Fourteenth Amendments. (Doc. 21.) The Court finds that Plaintiff’s second amended complaint states a cognizable free exercise claim, but the remaining claims are not cognizable. Because Plaintiff has received two opportunities to amend (see Docs. 14, 18), and his current complaint suffers from the same deficiencies as his prior complaint,1 the Court finds that further amendment would be futile. See Akhtar v. Mesa, 698 F.3d 1202, 1212-13 (9th Cir. 2012). Therefore, the Court recommends that the claims in Plaintiff’s operative complaint…