Powell

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 URIEL GARCIA, Case No. 1:19-cv-01631-JLT (PC)

Plaintiff, FINDINGS AND RECOMMENDATIONS

TO DISMISS ACTION FOR FAILURE TO

v. STATE A CLAIM

POWELL, et al., 21-DAY DEADLINE

Defendants. Clerk of the Court to Assign a District Judge

16 Uriel Garcia alleges the defendants denied him adequate medical care in violation of the Eighth Amendment. (Doc. 11.) 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 (Docs. 7, 10), the Court finds that further amendment would be futile. See Akhtar v. Mesa, 698 F.3d 1202, 1212-13 (9th Cir. 2012). The Court therefore recommends that this action be dismissed for failure to state a claim. I. SCREENING REQUIREMENT The Court is required to screen complaints brought by prisoners seeking relief against a governmental entity or an officer or…