Fleming

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 8 VERNON WAYNE MCNEAL, Case No. 2:21-cv-02137-JDP (PC) Plaintiff, ORDER THAT THE CLERK OF COURT

ASSIGN A DISTRICT JUDGE TO THIS

v. ACTION FLEMING, et al., FINDINGS AND RECOMMENDATIONS

THAT PLAINTIFF’S FIRST AMENDED

Defendants. COMPLAINT BE DISMISSED AS TIME-

BARRED

14 ECF No. 8

FOURTEEN-DAY DEADLINE

17 18 As in his original complaint, plaintiff, a state prisoner, alleges that defendants used excessive force against him in 2001. ECF No. 8 at 4. As I explained in my prior screening order, this claim is barred by the statute of limitations. Plaintiff’s amended complaint does not explain why this evidently untimely claim should be allowed to proceed. Accordingly, I recommend that this action be dismissed. Screening Order I. Screening and Pleading Requirements A federal court must screen a prisoner’s complaint that seeks relief against a governmental 27 …