Palagummi

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 FRANCOIS P. GIVENS, No. 2:19-cv-0017 JAM KJN P Plaintiff, v. FINDINGS AND RECOMMENDATIONS CALIFORNIA DEPARTMENT OF

CORRECTIONS AND

REHABILITATION, et al., Defendants. 17 Plaintiff, a state prisoner proceeding pro se, filed this civil rights action seeking relief under 42 U.S.C. § 1983. Plaintiff’s motion to file a third amended complaint is before the court. As discussed below, the undersigned recommends that the motion be denied. Background This action proceeds on plaintiff’s second amended complaint alleging that defendants Newman, Chapnick, Conklin, and Palagummi violated plaintiff’s First and Eighth Amendment rights while plaintiff was housed at Deuel Vocational Institute (“DVI”) in Tracy, California, in late 2015. On December 14, 2020, the summons was returned unexecuted as to Harry Newman, noting he was deceased. (ECF No. 35.) On December 18, 2020, the court ordered the Clerk to serve a copy…