Baer

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 NORMAN GERALD DANIELS III, 1:19-cv-01801-AWI-GSA-PC Plaintiff, FINDINGS AND RECOMMENDATIONS,

RECOMMENDING THAT THIS CASE BE

vs. DISMISSED, WITH PREJUDICE, FOR

FAILURE TO STATE A CLAIM

A. BAER, et al., (ECF No. 51.) Defendants

OBJECTIONS, IF ANY, DUE IN 14 DAYS

16 17 18 19 20 I. BACKGROUND Plaintiff is a state prisoner proceeding pro se with this civil rights action pursuant to 42 U.S.C. § 1983. This action was initiated by civil complaint filed by Plaintiff in the Kings County Superior Court on August 19, 2019 (Case #19CV-0717). On December 23, 2019, defendants Baer, Martin, Melina, and Smith (“Defendants”) removed the case to federal court by filing a Notice of Removal of Action pursuant to 28 U.S.C. § 1441. (ECF No. 1.) On June 1, 2021, Plaintiff filed the First Amended Complaint as a matter of course. (ECF No. 30.) On July 9, 2021, the Court dismissed the First Amended Complaint for failure to state a claim, with leave…