Merlak
(PC) Ioane v. Merlak
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…