(PC) Sepeda v. Clark

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 TONY SEPEDA, Case No. 1:20-cv-00838-JLT (PC)

Plaintiff, FINDINGS AND RECOMMENDATIONS

TO DISMISS ACTION FOR FAILURE TO

v. STATE A CLAIM

E. CLARK, 21-DAY DEADLINE

Defendant. Clerk of the Court to Assign a District Judge

16 Tony Sepeda alleges the defendant-doctor provided him inadequate medical care. (Doc. 16.) The Court finds that Plaintiff’s second amended complaint fails to state a cognizable claim under federal law. Given that Plaintiff has received two opportunities to amend his pleading (Docs. 11, 13), the Court finds that further amendment would be futile. See Akhtar v. Mesa, 698 F.3d 1202, 1212-13 (9th Cir. 2012). The Court therefore recommends that this action be dismissed for failure to state a claim. I. SCREENING REQUIREMENT The Court is required to screen complaints brought by prisoners seeking relief against a governmental entity or an officer or employee of a…