Merlak

(PC) Ioane v. Merlak

Good Law
United States District Court, Eastern District of CaliforniaMarch 10, 20211:19-cv-01585California1,543 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL S. IOANE, No. 1:19-cv-01585-DAD-GSA (PC) Plaintiff, ORDER TO SHOW CAUSE WHY THIS

ACTION SHOULD NOT BE DISMISSED

v. FOR LACK OF SUBJECT MATTER

JURISDICTION AND DECLINING TO

STEVEN “MIKE” MERLAK, et al., ADOPT FINDINGS AND

RECOMMENDATIONS

Defendants.

16 (Doc. No. 16)

19 Plaintiff Michael S. Ioane is a former federal prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to Bivens v. Six Unknown Named Agents, 403 U.S. 388 (1971). The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On October 14, 2020, the assigned magistrate judge screened plaintiff’s complaint and issued findings and recommendations recommending that this action be dismissed with prejudice because plaintiff fails to state a cognizable claim for relief under Bivens. (Doc. No. 16.) Because plaintiff’s complaint only alleges federal…

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