Anthony

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JUAN M. MONTENEGRO, Case No. 1:21-cv-01449-JLT-HBK (PC) Plaintiff, FINDINGS AND RECOMMENDATIONS TO

DISMISS SECOND AMENDED COMPLAINT

v. AND CLOSE THIS ACTION1

DR. ANTHONY, (Doc. No. 19) Defendant. FOURTEEN-DAY OBJECTION PERIOD

16 Plaintiff Juan M. Montenegro is a state prisoner proceeding pro se and in forma pauperis on his Second Amended Complaint filed pursuant to 42 U.S.C. § 1983. (Doc. No. 19). For the reasons set forth below, the undersigned recommends that the district court dismiss Plaintiff’s Second Amended Complaint for failing to state a claim. SCREENING REQUIREMENT A plaintiff who commences an action while in prison is subject to the Prison Litigation Reform Act (“PLRA”), which requires, inter alia, the court to screen a complaint that seeks relief against a governmental entity, its officers, or its employees before directing service upon any 25 …