Rodriguez
Rodriguez v. Newsom
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 PEDRO RODRIQUEZ, Case No. 1:20-cv-01044-DAD-HBK (PC) Plaintiff, FINDINGS AND RECOMMENDATIONS TO
DISMISS ACTION1
v. GAVIN NEWSOM, RALPH DIAZ, FOURTEEN-DAY DEADLINE
XAVIER BECERRA,
(Doc. No. 1) Defendants. 16 Pending before the Court for screening under 28 U.S.C. §1915A is the pro se civil rights complaint filed under 42 U.S.C. § 1983 by Pedro Rodriquez—a prisoner—currently incarcerated at Valley State Prison. (Doc. No. 1, Complaint). Plaintiff files the Complaint seeking “prospective injunctive relief” due to a risk of Covid-19 if transferred to a county jail. The undersigned finds Plaintiff lacks standing to bring the Complaint and the Complaint otherwise fails to state any cognizable claim. The undersigned further finds the deficiencies in the Complaint cannot be cured by amendment and therefore recommends dismissal of the action without leave to amend. Akhtar v. Mesa, 698 F.3d 1202, 1212-13 (9th Cir.…