Boudreax

(PC) Ortiz v. Boudreax

Good Law
United States District Court, Eastern District of CaliforniaMarch 22, 20231:19-cv-01782California2,904 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ADRIAN ORTIZ, Case No. 1:19-cv-01782-HBK (PC) Plaintiff, FINDINGS AND RECOMMENDATIONS TO

DISMISS SECOND AMENDED

v. COMPLAINT 1 BOUDREAUX et al., (Doc. No. 21) Defendants. FOURTEEN DAY DEADLINE 16 Plaintiff Adrian Ortiz is a state prisoner proceeding pro se in this civil rights action filed under 42 U.S.C. § 1983. Plaintiff is proceeding on his Second Amended Complaint. (Doc. No. 21, “SAC”). As more fully set forth below, the undersigned recommends the district court dismiss the SAC for failure to state a claim, without leave to amend, in light of Plaintiff’s two prior opportunities to amend his complaint. BACKGROUND AND SUMMARY OF OPERATIVE PLEADING Plaintiff filed the initial complaint in this matter and a Motion to Proceed in forma pauperis. (Doc. Nos. 1, 2). The complaint alleged violations of Plaintiff’s HIPAA rights and deliberate medical indifference in violation…

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