Becerra

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JON HUMES, No. 2:17-cv-2503 KJM KJN P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

XAVIER BECERRA, Defendant. 16 I. Introduction Plaintiff is a former county jail inmate, now a state prisoner, proceeding pro se and in forma pauperis. Plaintiff seeks relief pursuant to 42 U.S.C. § 1983. This proceeding was referred to this court by Local Rule 302 pursuant to 28 U.S.C. § 636(b)(1). Following the court’s request (ECF No. 29), plaintiff confirmed that he wishes to proceed on his amended complaint against defendant Becerra. (ECF No. 31.) Thus, the Clerk is directed to detach plaintiff’s amended complaint appended to his motion to amend (ECF No. 28 at 3-7) and file it as plaintiff’s second amended complaint (ECF No. 28-1). Plaintiff’s proposed second amended complaint is before the court. As discussed below, plaintiff’s second amended complaint should be dismissed without leave to amend. 28 …