(PC) Booth v. Williams College

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 PATRICK J. BOOTH, No. 2:20-cv-00265-JAM-CKD P Plaintiff, v. FINDINGS AND RECOMMENDATIONS WILLIAMS COLLEGE, et al., Defendants. 16 Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. This proceeding was referred to this court by Local Rule 302 pursuant to 28 U.S.C. § 636(b)(1). Plaintiff filed a first amended complaint on July 16, 2020. ECF No. 10. For the reasons discussed below, the undersigned recommends that plaintiff’s first amended complaint be dismissed without prejudice for failing to state a claim. The federal in forma pauperis statute provides that a court “shall dismiss the case at any time if the court determines that ... the action or appeal ... is frivolous or malicious; ... fails to state a claim upon which relief may be granted; or ... seeks monetary relief from a defendant who is immune from such relief.” 28 U.S.C. §…