Kernan

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ERNEST LEE COX, No. 2:19-cv-01637 JAM DB Plaintiff, v. FINDINGS AND RECOMMENDATIONS SCOTT KERNAN, et al., Defendants. 16 Plaintiff is a state prisoner, proceeding pro se and in forma pauperis, with a civil rights complaint under 42 U.S.C. § 1983. The action proceeds on plaintiff’s second amended complaint, as screened by the court. (ECF No. 11.) Plaintiff claims his due process rights were violated as defendant was not an impartial hearing officer during a 2014 rules violation hearing. Before the court is defendant’s motion to dismiss. (ECF No. 21.) For the foregoing reasons, the court will recommend that defendant’s motion to dismiss be granted and plaintiff’s second amended complaint be dismissed without leave to amend. BACKGROUND I. Procedural Background Plaintiff filed this action pursuant to 42 U.S.C § 1983 on August 22, 2019. (ECF No. 1.) Plaintiff filed an…