Sherman
(PC) Leos v. Sherman
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 JAMES LEOS, Case No. 1:20-cv-00528-NONE-BAM (PC) Plaintiff, FINDINGS AND RECOMMENDATIONS
REGARDING DISMISSAL OF CERTAIN
v. CLAIMS
SHERMAN, et al., (ECF Nos. 1, 14, 18)
Defendants. FOURTEEN (14) DAY DEADLINE 16 I. Background Plaintiff James Leos (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On August 13, 2020, the Court screened Plaintiff’s complaint and found that Plaintiff stated a cognizable claim for unconstitutional conditions of confinement in violation of the Eighth Amendment against Defendants Sherman and Milan, but failed to state any other cognizable claims for relief. (ECF No. 14.) The Court ordered Plaintiff to either file a first amended complaint or notify the Court of his willingness to proceed only on the cognizable claims identified by the Court. (Id.) Following an extension of time,…