(PC) Cervantes v. Lee

1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RAUL CERVANTES, No. 2:20-CV-2416-TLN-DMC 12 Plaintiff, 13 v. ORDER 14 DERRECK J. LEE, et al., 15 Defendants. 16 17 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 18 42 U.S.C. § 1983. 19 On December 7, 2020, Plaintiff filed a civil rights complaint. ECF No. 1. 20 Thereafter, Plaintiff filed a motion to amend his civil rights complaint, ECF No. 13, which this 21 Court denied as unnecessary because Plaintiff’s complaint had not been served, no responsive 22 pleading had been served, and Plaintiff had not previously amended his complaint. See ECF No. 23 18. Plaintiff filed his first amended civil rights complaint on October 25, 2021. ECF No. 26. As 24 required under 28 U.S.C. § 1915A(a), this Court screened Plaintiff’s first amended complaint and 25 found that Plaintiff stated a cognizable claim against Defendant Burciaga but was deficient as to 26 named Defendant Lee. See ECF No. 27. Plaintiff was…