(PC) Millare v. Murphy

Good Law
United States District Court, Eastern District of CaliforniaApril 30, 20212:20-cv-00451California1,480 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 7 MORIANO MILLARE, Case No. 2:20-cv-00451-WBS-JDP (PC) Plaintiff, FINDINGS AND RECOMMENDATIONS

DEFENDANTS’ MOTION TO DISMISS BE

v. GRANTED IN PART AND THIS ACTION

PROCEED ONLY AGAINST DEFENDANT

C. JACKSON, et al., VIVERO DEFENDANTS. OBJECTIONS DUE IN 14 DAYS ECF No. 28 14 Plaintiff Moriano Millare is a state prisoner proceeding without counsel in this civil rights action brought under 42 U.S.C. § 1983. On October 9, 2020, I recommended that defendants’ motion to dismiss, ECF No. 14, be granted and that plaintiff’s initial complaint be dismissed, ECF No. 18. Those recommendations were adopted by the district judge, who dismissed plaintiff’s claims without prejudice. ECF No. 20. Plaintiff then filed an amended complaint. ECF No. 21. Before I screened the new complaint, defendants filed a second motion to dismiss. ECF No. 22. Since the standards for screening and for…

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