Sullivan

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 LIONEL LAMAR SHELL, Case No. 1:19-cv-00788-JLT (PC)

Plaintiff, FINDINGS AND RECOMMENDATIONS

TO DISMISS ACTION FOR FAILURE TO

v. STATE A CLAIM

W. J. SULLIVAN, et al., (Doc. 21)

Defendants. 21-DAY DEADLINE

Clerk of the Court to Assign a District Judge

Lionel Lamar Shell alleges the defendants were deliberately indifferent to his safety in violation of the Eighth Amendment. (Doc. 21.) 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. 10, 15), 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…