(PC) Millare v. Murphy

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 8 MORIANO MILLARE, Case No. 2:20-cv-00451-WBS-JDP (PC) Plaintiff, FINDINGS AND RECOMMENDATIONS

THAT PLAINTIFF’S AMENDED

v. COMPLAINT BE DISMISSED FOR

FAILURE TO STATE A CLAIM AND

C. JACKSON, et al., DEFENDANT’S MOTION TO DISMISS BE

DENIED AS MOOT

DEFENDANTS.

OBJECTIONS DUE IN 14 DAYS

14 ECF Nos. 21 & 22 15 Plaintiff Moriano Millare is a state prisoner proceeding without counsel in this civil rights action brought under 42 U.S.C. § 1983. On October 9, 2020, I recommended that defendant’s motion to dismiss, ECF No. 14, be granted and that plaintiff’s initial complaint be dismissed. ECF No. 18. Those recommendations were adopted by the district judge and plaintiff’s claims were dismissed without prejudice. ECF No. 20. Plaintiff then filed an amended complaint, ECF No. 21, and defendants filed a second motion to dismiss, ECF No. 22. After screening the complaint, I find that plaintiff has failed to state a…