(PC) Brown v. North Kern State Prison

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 KENYON D. BROWN, Case No. 1:20-cv-01396-SKO (PC)

Plaintiff, FINDINGS AND RECOMMENDATIONS

TO DISMISS ACTION FOR FAILURE TO

v. STATE A FEDERAL CLAIM

NORTH KERN STATE PRISON, et al., 21-DAY DEADLINE

Defendants. Clerk of the Court to Assign a District Judge

16 Kenyon D. Brown alleges the defendants unlawfully denied him parole consideration under California Proposition 57 (2016). (Doc. 33.) The Court finds that Plaintiff’s second complaint fails to state a cognizable claim under federal law. Given that Plaintiff has received an opportunity to amend his complaint, and his second amended complaint suffers from the same deficiencies as his prior complaint, 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. I. SCREENING REQUIREMENT The Court is required to screen complaints brought by…