Griffith

(PC) Jackson v. Griffith

Good Law
United States District Court, Eastern District of CaliforniaApril 13, 20221:20-cv-00073California4,486 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 FRED JAY JACKSON, Case No. 1:20-cv-00073-SKO (PC)

Plaintiff,

FINDINGS AND RECOMMENDATIONS

v. TO DISMISS CLAIMS AND TO PROCEED

ON SINGLE COGNIZABLE CLAIM

L. D. GRIFFITH, (Doc. 19) Defendant. 21-DAY OBJECTION PERIOD 16 Clerk of the Court to Assign a District Judge 17 Plaintiff Fred Jay Jackson is proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed his second amended complaint on June 10, 2021. (Doc. 19.) For the reasons set forth below, the Court finds that Plaintiff’s second amended complaint states a cognizable due process claim against Defendant Griffith, but does not state any other cognizable claims against Defendant Griffith. Given that Plaintiff has received two opportunities to amend, the Court finds that further amendment would be futile. See Akhtar v. Mesa, 698 F.3d 1202, 1212-13 (9th Cir. 2012). Therefore, the Court recommends that the non-cognizable…

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