Gates

(PC) Cortinas v. Gates

Good Law
United States District Court, Eastern District of CaliforniaOctober 15, 20201:19-cv-01709California2,005 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 LARRY WILLIAM CORTINAS, Case No. 1:19-cv-01709-SKO (PC)

Plaintiff, FINDINGS AND RECOMMENDATIONS

TO DISMISS ACTION FOR FAILURE TO

v. STATE A CLAIM

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

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

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