(PC) Sierra v. Director of CDCR

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KENNETH ALAN SIERRA, No. 2: 16-cv-1067 MCE KJN P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

DIRECTOR OF DEPARTMENT OF

CORRECTIONS AND

REHABILITATION, et al., Defendants. 17 Plaintiff is a former state prisoner, proceeding without counsel, with a civil rights action pursuant to 42 U.S.C. § 1983. For the reasons stated herein, the undersigned recommends that this action be dismissed. Background On May 5, 2017, the court denied plaintiff’s application to proceed in forma pauperis and ordered plaintiff to pay the filing fee within thirty days. (ECF No. 64.) On April 27, 2021, the Ninth Circuit Court of Appeals reversed the May 5, 2017 order and remanded this action. (ECF No. 87.) On May 19, 2021, the mandate was issued. (ECF No. 88.) On August 24, 2021, the undersigned issued an order screening plaintiff’s second amended complaint. (ECF No. 90.) The undersigned granted plaintiff thirty days…