Austin v. State of California

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

GREGORY A. AUSTIN, Case No. 1:22-cv-00252-DAD-SAB

Plaintiff, FINDINGS AND RECOMMENDATIONS

RECOMMENDING DISMISSING ACTION

v. FOR FAILURE TO STATE A CLAIM

STATE OF CALIFORNIA, et al., (ECF No. 7)

Defendants. OBJECTIONS DUE WITHIN FOURTEEN

DAYS

16 I. INTRODUCTION On March 1, 2022, Gregory A. Austin (“Plaintiff”), proceeding pro se and in forma pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On April 15, 2022, the Court screened Plaintiff’s complaint and granted Plaintiff thirty days to file a second amended complaint (ECF No. 6.) Currently before the Court is Plaintiff’s first amended complaint, filed on May 6, 2022. (ECF No. 7.) For the reasons discussed herein, it is recommended that Plaintiff’s complaint be dismissed for failure to state…