Burden

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 COLTON JAMES ROOD, Case No. 1:20-cv-00315-JLT (PC)

Plaintiff, FINDINGS AND RECOMMENDATIONS

TO DISMISS CLAIMS AND

v. DEFENDANTS

A. PALAFOX, et al., (Doc. 20)

Defendants. 21-DAY DEADLINE

Clerk of the Court to Assign a District Judge

Colton James Rood alleges the defendants failed to protect him from an attack by other inmates. (Doc. 20.) The Court finds that Plaintiff’s second amended complaint states cognizable claims against Defendants Strebel, Burden, and an unnamed “D Yard Captain,” but not against the remaining defendants. Because Plaintiff has received two opportunities to amend (Docs. 11, 17), and his current complaint suffers from the same deficiencies as his prior complaints, the Court finds that further amendment would be futile. See Akhtar v. Mesa, 698 F.3d 1202, 1212-13 (9th Cir. 2012). Therefore, the Court recommends that the remaining defendants be dismissed. 24…