Whisnand

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 CLARENCE L. HEARNS, et al., Case No. 1:20-cv-00313-JLT (PC)

Plaintiffs, FINDINGS AND RECOMMENDATIONS TO

DISMISS ACTION

v. 14-DATE DEADLINE ANDREW WHISNAND, et al., Clerk of Court to assign district judge. Defendants. 16 Clarence L. Hearns filed a first amended complaint alleging that the defendants interfered with his mail and access to the court in violation of the First Amendment. (Doc. 13.) The Court screened the amended complaint and determined that Plaintiff failed to state a claim on which relief may be granted. (Doc. 17.) The Court granted Plaintiff leave to file a second amended complaint and advised that that if he did not want to amend, he could instead file a notice of voluntary dismissal or forego amendment and notify the Court that he wishes to stand on his complaint. (Id. at 8.) The Court advised: “If the last option is chosen, the undersigned will issue findings and recommendations to dismiss the complaint without leave to amend, plaintiff…