(PC) Gowdy v. Kern Valley State Prison

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

CARL EUGENE GOWDY JR., Case No. 1:22-cv-00202-EPG-PC

Plaintiff, FINDINGS AND RECOMMENDATIONS,

RECOMMENDING THAT PLAINTIFF’S

v. FIRST AMENDED COMPLAINT BE

DISMISSED WITHOUT LEAVE TO

A. CRUZ, AMEND Defendant. OBJECTIONS, IF ANY, DUE WITHIN

TWENTY-ONE DAYS

16 (ECF No. 41)

ORDER DIRECTING CLERK TO ASSIGN

DISTRICT JUDGE Carl Eugene Gowdy Jr. (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Now before the Court for 20 screening is Plaintiff’s First Amended Complaint (“FAC”) dated May 19, 2022. (ECF No. 14). 21 Plaintiff sues correctional officer A. Cruz for defamation and emotional distress. Plaintiff 22 alleges that Defendant Cruz falsely accused Plaintiff of sexual assault, which put Plaintiff in 23 danger of being harmed by the inmate population. 24 The Court has reviewed the FAC, and, for the reasons given below, will recommend 25…