Burkhart

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ELRADER BROWNING, III, No. 2:21-cv-0978 AC P Plaintiff, v. ORDER M. BURKHART, et al., Defendants. 16 Plaintiff, a state prisoner proceeding pro se and in forma pauperis, has filed this civil rights action seeking relief under 42 U.S.C. § 1983. ECF Nos. 1, 2, 7, 15. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. Plaintiff has also filed a motion for a settlement conference. ECF No. 11. For the reasons stated below, Plaintiff will be given the opportunity either to amend the complaint or to proceed on the cognizable claims identified herein. In addition, Plaintiff’s motion for a settlement conference will be denied as premature. ////

26 The Court notes that Plaintiff has filed both an original complaint and a First Amended Complaint (“FAC”). See ECF Nos. 1, 15. A comparison of the two documents reveals that they are identical. Because the…