Osemwingie
(PC) Barker v. Osemwingie
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 WILLIAM BARKER, No. 2:16-cv-3008 CKD P Plaintiff, v. ORDER OSEMWINGIE, et al., Defendants. 16 Plaintiff is a state prisoner proceeding with counsel. On September 1, 2022, the court recommended that plaintiff’s fourth amended complaint be dismissed for failure to state an actionable claim and that this case be closed. Plaintiff filed objections seeking leave to file a fifth amended complaint. After the objections were filed, the State of California and the California Department of Corrections and Rehabilitation (CDCR) consented to magistrate judge jurisdiction in this case. See 28 U.S.C. § 636(c). All parties have now consented. Good cause appearing, the court will vacate the September 1, 2022, findings and recommendations, plaintiff’s motion for leave to amend will be granted and the court will screen plaintiff’s fifth amended complaint as the court must under 28 U.S.C. § 1915A(a). Under that statute…