Cates

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

9 RAYMOND E. PEYTON, Case No. 1:21-cv-00740-DAD-EPG (PC) 10 Plaintiff, FINDINGS AND RECOMMENDATIONS, RECOMMENDING THAT THIS ACTION v. BE DISMISSED

B. CATES,

(ECF No. 14) Defendant. OBJECTIONS, IF ANY, DUE WITHIN FOURTEEN DAYS I. BACKGROUND Raymond Peyton (“Plaintiff”) is a state prisoner proceeding pro se in this civil rights action filed pursuant to 42 U.S.C. § 1983. Plaintiff filed the complaint commencing this action on May 7, 2021. (ECF No. 1). On June 2, 2021, the Court screened Plaintiff’s complaint and found that it failed to state any cognizable claims. (ECF No. 5). The Court gave Plaintiff thirty days from the date of service of the order to file an amended complaint or to notify the Court that he wants to stand on his complaint. (Id. at 12). On August 12, 2021, Plaintiff filed his First Amended Complaint. (ECF No. 14). The Court has reviewed…