Michael

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 EDWARD SHELBY TOLBERT, No. 1:19-cv-00278-NONE-BAM (PC) 12 Plaintiff, ORDER ADOPTING IN PART FINDINGS

AND RECOMMENDATIONS REGARDING

13 v. DISMISSAL OF ACTION FOR FAILURE TO

STATE A CLAIM

14 MICHAELS, et al., (Doc. No. 23) 15 Defendants. 16 17 Plaintiff Edward Shelby Tolbert is a state prisoner proceeding pro se and in forma 18 pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This matter was referred to a 19 United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On June 22, 2020, the assigned magistrate judge screened plaintiff’s third amended 21 complaint and issued findings and recommendations recommending that this action be dismissed 22 for failure to state a claim upon which relief may be granted. (Doc. No. 23.) Those findings and 23 recommendations were served on plaintiff and contained notice that any objections thereto were 24 to be filed within fourteen (14) days after service. (Id. at 8.) …