Hernandez

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

ERNIE HERNANDEZ, III, Case No. 1:20-cv-01127-AWI-SAB

Plaintiff, FINDINGS AND RECOMMENDATIONS

RECOMMENDING DISMISSING FIRST

v. AMENDED COMPLAINT WITHOUT

LEAVE TO AMEND FOR FAILURE TO

A. HOLT, et al., STATE CLAIM AND DISMISSING

ACTION

Defendants. (ECF No. 21)

OBJECTIONS DUE WITHIN THIRTY

DAYS

18 Ernie Hernandez, III (“Plaintiff”), a state prisoner, is appearing pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed his complaint in this action on August 13, 2020 and the matter was referred to a magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. A screening order was filed on August 24, 2020, finding that Plaintiff had failed to state a cognizable claim and granting leave to file an amended complaint within thirty days. (ECF No. 7.) On September 18, 2020, Plaintiff was granted an extension of time to file his amended complaint. …