(PC) Lal v. United States of America

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 AZHAR LAL, No. 2:20-cv-00349-DAD-DB (PC) 12 Plaintiff, 13 v. ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS AND DISMISSING

14 UNITED STATES OF AMERICA, et al., ACTION 15 Defendant. (Doc. No. 40) 16 17 Plaintiff Azhar Lal, a state prisoner proceeding pro se, initiated this civil action on 18 February 14, 2020. (Doc. No. 1). This matter was referred to a United States Magistrate Judge 19 pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On January 3, 2022, the assigned magistrate judge screened plaintiff’s first amended 21 complaint (“FAC”) and issued findings and recommendations recommending that this action be 22 dismissed, without leave to amend, due to plaintiff’s failure to state a cognizable claim upon 23 which relief may be granted. (Doc. No. 40.) In particular, plaintiff’s FAC states that this action 24 is “brought pursuant to 28 U.S.C. § 1350 & 1350(a),” which is the federal Alien Tort Statute 25 (“ATS”), but as the…