Gates

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 LARRY WILLIAM CORTINAS, Case No. 1:19-cv-01709-SKO (PC)

12 Plaintiff, FINDINGS AND RECOMMENDATIONS

TO DISMISS ACTION FOR FAILURE TO

13 v. STATE A CLAIM

14 S. GATES, et al., 21-DAY DEADLINE

15 Defendants. Clerk of the Court to Assign District Judge 16 17 Plaintiff Larry William Cortinas alleges the defendants were deliberately indifferent to his 18 serious medical needs. (Doc. 17.) The Court finds that Plaintiff’s second amended complaint fails 19 to state a claim on which relief can be granted. Given that Plaintiff has received two opportunities 20 to amend his complaint (see Docs. 12, 14), the Court finds that further amendment would be 21 futile. See Akhtar v. Mesa, 698 F.3d 1202, 1212-13 (9th Cir. 2012). Accordingly, the Court 22 recommends that this action be dismissed. 23 I. SCREENING REQUIREMENT 24 The Court is required to screen complaints brought by prisoners seeking relief against a 25 governmental entity or an officer or employee of…