Gates

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 THOMAS OSBORNE, Case No. 1:19-cv-01732-JLT-HBK (PC) Plaintiff, FINDINGS AND RECOMMENDATIONS TO

DISMISS SECOND AMENDED

v. COMPLAINT1

S. GATES, C. CRYER, D. ROBERTS, FOURTEEN-DAY OBJECTION PERIOD Defendants. (Doc. No. 14) 16 Plaintiff Thomas Osborne is a state prisoner proceeding pro se in this civil rights action filed under 42 U.S.C. § 1983. Plaintiff’s second amended complaint is before the Court for screening. (Doc. No. 14, “SAC”). For the reasons stated herein, the undersigned recommends the district court dismiss the SAC for failure to state a claim. I. BACKGROUND A. Procedural Posture Osborne initiated this action as a prisoner at the California Substance Abuse Treatment Facility. (Doc. No. 1). A prior 28 U.S.C. § 1915A screening order found the initial complaint failed to state a claim but permitted Plaintiff to file an amended complaint. (Doc. No.…