Brown

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

RICARDO MARTINEZ,, 1:19-cv-00967-AWI-GSA-PC

Plaintiff, FINDINGS AND RECOMMENDATIONS,

RECOMMENDING THAT THIS CASE BE

v. DISMISSED, WITH PREJUDICE, FOR

FAILURE TO STATE A CLAIM

K. BROWN, et al., (ECF No. 28.)

Defendants. OBJECTIONS, IF ANY, DUE WITHIN

FOURTEEN DAYS

18 I. BACKGROUND Ricardo Martinez (“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 June 19, 2019, Plaintiff filed the Complaint commencing this action. (ECF No. 1.) On September 3, 2020, the court screened the Complaint and issued an order dismissing the Complaint for failure to state a claim, with leave to amend. (ECF No. 26.) On September 21, 2020, Plaintiff filed the First Amended Complaint, which is now before the court for screening. 28 U.S.C. § 1915A. (ECF No. 27.) II. SCREENING REQUIREMENT The court is required to screen…