Borges

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

DARRYL BURGHARDT, 1:17-cv-01433-AWI-GSA-PC

Plaintiff, FINDINGS AND RECOMMENDATIONS,

RECOMMENDING THAT THIS CASE BE

v. DISMISSED, WITH PREJUDICE, FOR

FAILURE TO STATE A CLAIM

L. BORGES, et al., (ECF No. 24.)

Defendants. OBJECTIONS DUE WITHIN FOURTEEN (14)

DAYS

19 I. BACKGROUND Darryl Burghardt (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis with this civil rights action pursuant to 42 U.S.C. § 1983. On October 25, 2017, Plaintiff filed the Complaint commencing this action. (ECF No. 1.) On July 27, 2018, the court screened the Complaint and issued an order dismissing the Complaint for violation of Rules 8 and 18(a) of the Federal Rules of Civil Procedure, with leave to amend. (ECF No. 12.) On August 29, 2018, Plaintiff filed the First Amended Complaint. (ECF No. 13.) On July 18, 2019, the court screened the First Amended Complaint and entered findings and recommendations, …