Ciolli

(PC) Mois v. Ciolli

Good Law
United States District Court, Eastern District of CaliforniaApril 7, 20231:20-cv-00885California545 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 EMANUEL MOIS, Case No. 1:20-cv-00885-AWI-CDB (PC)

Plaintiff,

ORDER ADOPTING FINDINGS AND

v. RECOMMENDATIONS AND DISMISSING

SECOND AMENDED COMPLAINT

A. CIOLLI, et al., WITHOUT LEAVE TO AMEND

Defendants. (Doc. No. 25) 15 Clerk of the Court to close the case.

Plaintiff Emanuel Mois is a federal prisoner proceeding pro se and in forma pauperis in this civil rights action filed under Bivens v. Six Unknown Federal Narcotics Agents, 403 U.S. 388 (1971). This matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On December 15, 2021, the assigned magistrate judge issued a screening order, finding that Plaintiff’s second amended complaint fails to state a claim upon which relief may be granted. (Doc. No. 25.) In particular, the court found that Bivens does not extend to plaintiff’s First Amendment claim and his Eighth Amendment claims were…

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