Hale

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BRODERICK JAMES WARFIELD, No. 2:22-cv-01950-DAD-KJN Plaintiff, v. ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS AND DISMISSING

MELVIN HALE, THIS ACTION Defendant. (Doc. No. 3) 16 Plaintiff Broderick James Warfield, proceeding pro se and in forma pauperis, initiated this civil action brought pursuant to 42 U.S.C. § 1983 on October 28, 2022. (Doc. No. 1.) This matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On November 7, 2022, the assigned magistrate judge issued findings and recommendations recommending that this action be dismissed, without leave to amend, because plaintiff’s complaint fails to state a cognizable claim for relief. (Doc. No. 3.) The magistrate judge concluded that granting leave to amend would be futile because § 1983 claims “cannot lie against a private individual,” and the sole defendant named by plaintiff “is…