Pelayo

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

RODNEY BANKS, CASE NO. 1:20-cv-0117 JLT (PC)

Plaintiff, ORDER DIRECTING CLERK OF COURT

TO ASSIGN A DISTRICT JUDGE; AND

v.

FINDINGS AND RECOMMENDATIONS

J. PELAYO, et al., TO DISMISS COMPLAINT WITH LEAVE

TO AMEND

15 Defendants.

FOURTEEN-DAY DEADLINE

16 The Court screened plaintiff’s complaint and found it lacked a cognizable claim. (Doc. 13.) The Court directed Plaintiff a notice as to whether he wished to stand on the complaint, dismiss this action, or file an amended complaint. Plaintiff has now filed a document that, though titled “First Amended Complaint,” is properly construed as a notice of plaintiff’s intent to stand on his complaint. (Doc. 14.) For the reasons set forth previously, the Court RECOMMENDS the matter be dismissed for failure to state a claim. I. Pleading Standard A complaint must contain “a short and plain statement of the claim showing that the pleader is entitled to relief. . .” Fed. R. Civ. P.…