Taber

(PC) Shavers v. Taber

Good Law
United States District Court, Eastern District of CaliforniaApril 6, 20232:21-cv-01734California1,407 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 JESSE LEE SHAVERS, JR., Case No. 2:21-cv-01734-JDP (PC) Plaintiff, ORDER THAT THE CLERK OF COURT

ASSIGN A DISTRICT JUDGE TO THIS

v. ACTION TABER, et al., FINDINGS AND RECOMMENDATIONS

THAT THE THIRD AMENDED

Defendants. COMPLAINT BE DISMISSED FOR

FAILURE TO STATE A CLAIM

15 ECF No. 25

FOURTEEN-DAY DEADLINE FOR

OBJECTIONS 18 19 Plaintiff, a state prisoner, alleges that his Eighth Amendment rights were violated when defendants conspired to take away his cane and other mobility devices. ECF No. 25 at 3. I found two earlier complaints based on these claims insufficient to proceed past screening. ECF Nos. 18 & 22. While plaintiff titles the current complaint his “Second Amended Complaint,” it is in fact his third. As before, it fails to state a cognizable claim. Given that this is plaintiff’s third complaint, and he has still failed to state a cognizable claim, I now…

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