Rivas
Rivas v. Cook
United States District Court, Eastern District of CaliforniaJanuary 4, 20211:20-cv-01484California3,066 words
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
DANIEL RIVAS, Case No. 1:20-cv-01484-DAD-SAB
Plaintiff, FINDINGS AND RECOMMENDATIONS
RECOMMENDING DISMISSING FIRST
v. AMENDED COMPLAINT WITHOUT
LEAVE TO AMEND
JIM COOK, et al., (ECF No. 12) Defendants.
OBJECTIONS DUE WITHIN THIRTY
DAYS
17 Daniel Rivas (“Plaintiff”), a state prisoner, is proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On November 19, 2020, a screening order issued finding that the complaint failed to state a cognizable claim and Plaintiff was granted leave to file a first amended complaint. (ECF No. 9.) After receiving an extension of time, Plaintiff filed a first amended complaint on December 28, 2020. (ECF No. 12.) I. SCREENING REQUIREMENT The Court is required to…