Ciolli
(PC) Barrett v. Ciolli
Opinion
Trial Court Opinion
I. BACKGROUND
23 Plaintiff filed the complaint commencing this action on December 22, 2020. (ECF No. 1.) 24 On April 5, 2021, the Court screened Plaintiff’s complaint and found that it failed to state any 25 cognizable claims. (ECF No. 8.) The Court gave Plaintiff thirty days to either “a. File a First 26 Amended Complaint; or b. Notify the Court in writing that he wants to stand on his complaint.” 27 (Id. at 16.) On February 19, 2021, Plaintiff filed his First Amended Complaint. (ECF No. 9.) 28 On May 4, 2021, the Court screened Plaintiff’s First Amended Complaint and entered findings and recommendations recommending that this action proceed on Plaintiff’s Fifth Amendment claims for deprivation of property and deprivation of liberty without due process and on Plaintiff’s Eighth Amendment claims for unconstitutional conditions of confinement and deliberate indifference to serious medical needs against Doe defendants. (ECF No. 10.) The Court 5 further recommended that all other claims and defendants be dismissed for failure to state a claim 6 upon which relief may be granted. (Id.) Plaintiff was provided an opportunity to file objections to 7 the findings and…