(PC)Daley

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

ALCLIFF MORGAN DALEY, 1:20-cv-01129-GSA-PC

Plaintiff, ORDER FOR CLERK TO RANDOMLY

ASSIGN A UNITED STATES DISTRICT

vs. COURT JUDGE TO THIS CASE

PELAYO, et al., AND

Defendants. FINDINGS AND RECOMMENDATIONS,

RECOMMENDING THAT THIS CASE BE

DISMISSED, WITH PREJUDICE, FOR

FAILURE TO STATE A CLAIM

17 (ECF No. 13.)

OBJECTIONS, IF ANY, DUE BY APRIL 17,

2023

24 I. BACKGROUND Alcliff Morgan Daley (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis with this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed the Complaint commencing this action on August 13, 2020. (ECF No. 1.) On February 28, 2022, the Court screened the Complaint and dismissed it for failure to state a claim, with leave to amend. (ECF No. 12.) On March 21, 2022, Plaintiff filed the First Amended Complaint, which is…