(PC)Ballesteros
(PC)Ballesteros v. Garza
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
10 BENJAMIN I. BALLESTEROS, Case No. 1:22-cv-00997-EPG (PC) 11 Plaintiff, FINDINGS AND RECOMMENDATIONS,
RECOMMENDING THAT THIS ACTION
v. BE DISMISSED, WITH PREJUDICE, FOR
GARZA, FAILURE TO STATE A CLAIM
14 Defendant. (ECF No. 11)
OBJECTIONS, IF ANY, DUE WITHIN
TWENTY-ONE DAYS
ORDER DIRECTING CLERK TO ASSIGN
DISTRICT JUDGE Benjamin Ballesteros (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. Plaintiff filed the complaint commencing this action on August 10, 2022. (ECF No. 1). On December 8, 2022, the Court screened Plaintiff’s complaint. (ECF No. 8). The Court found that Plaintiff failed to state any cognizable claims, and gave Plaintiff thirty days to either: “a. File a First Amended Complaint; or b. Notify the Court in writing that he wants to stand on his complaint.” (Id. at 6-7). …