(PC)Ellis

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BENJAMIN F. ELLIS, No. 2:21-cv-1635-WBS-EFB (PC) Plaintiff, v. ORDER R. BROWN, et al., Defendants. 16 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 U.S.C. § 1983. On June 13, 2022, the court issued findings and recommendations to dismiss this action for failure to state a claim upon which relief could be granted. ECF No. 13. Plaintiff has since filed objections to the findings and recommendations, wherein he seeks leave to amend to state a claim against Warden Burton under the Americans with Disabilities Act (“ADA”) for failing to house plaintiff in an ADA compliant cell. ECF No. 14. To state an ADA claim against a public entity, plaintiff must allege that “(1) [he] is a qualified individual with a disability; (2) [he] was excluded from participation in or otherwise discriminated against with regard to a public entity’s services, programs, or activities; and (3) such…