Anthony

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 JUAN M. MONTENEGRO, Case No. 1:21-cv-1449 JLT HBK (PC) Plaintiff, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS, AND DISMISSING

v. THE ACTION ANTHONY, GRISHAM, (Doc. 22) Defendants. 16 Juan M. Montenegro is a state prisoner proceeding pro se and in forma pauperis in this action, in which he seeks to hold the defendants liable for violating his rights under the Eighth Amendment. (See Doc. 19.) The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. The magistrate judge found Plaintiff failed to state a cognizable claim in his Second Amended Complaint. (Doc. 22 at 3-6.) The magistrate judge observed that Plaintiff had previously been granted two opportunities to cure the pleading deficiencies, and found further leave to amend would be futile. (Id. at 6, citing McKinney v. Baca, 250 F. App’x 781 (9th Cir. 2007).) Therefore, the magistrate…