Lucas

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 STEPHON DEJON ALEXANDER, No. 2:19-cv-2082 WBS AC P Plaintiff, v. FINDINGS AND RECOMMENDATIONS KERR LUCAS, Defendant. 16 Plaintiff, a state prisoner proceeding pro se and in forma pauperis, has filed a motion for relief from judgment pursuant to Rule 60(b)(1), Fed. R. Civ. P. ECF No. 17. I. Background Plaintiff’s initial complaint, ECF No. 1, presented a single claim under the Eighth Amendment. On screening, the undersigned found that plaintiff’s allegations failed to state a claim upon which relief could be granted. ECF No. 8. Plaintiff was granted leave to amend. Id. The First Amended Complaint, ECF No. 11, presented both an Eighth Amendment claim and an equal protection claim. On July 29, 2021, the undersigned screened the FAC and recommended that this action be dismissed for failure to state a claim. ECF No. 12. The undersigned concluded that further amended would be futile. Id. at 5-6. On August 9,…