Barrett

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CORNEL JACKSON, No. 1:21-cv-00869-DAD-SAB (PC) Plaintiff, v. ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS AND DISMISSING

CHARLES MARTIN BARRETT, ACTION Defendant. (Doc. No. 2, 3) 16 17 Plaintiff Cornel Jackson is a state pretrial detainee proceeding pro se in this civil rights action brought pursuant to 42 U.S.C. § 1983. 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 June 14, 2021, the assigned magistrate judge screened plaintiff’s complaint and found that plaintiff had failed to state a cognizable § 1983 claim against defendant, his court-appointed defense counsel in his pending state court criminal proceedings, because “it is well established that court appointed attorneys are not acting under color of state law for § 1983 purposes but rather act as an advocate for their client.” (Doc. No. 3 at 4.) In addition, to the extent…