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UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DWAYNE STEVEN MONTGOMERY, No. 2:22-cv-00127-DAD-EFB (PC) Plaintiff, v. ORDER DECLINING TO ADOPT FINDINGS

AND RECOMMENDATIONS DISMISSING

J. MORENO, et al. THIS ACTION DUE TO PLAINTIFF’S

FAILURE TO STATE A COGNIZABLE

Defendants. CLAIM (Doc. No. 23)

17 Plaintiff Dwayne Steven Montgomery is a state prisoner proceeding pro se and in forma pauperis in this civil rights action brought pursuant to 42 U.S.C. § 1983. 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 November 14, 2022, plaintiff filed a second amended complaint (“SAC”) in this action in which he alleged that defendants Kirkendall and Wong, a licensed vocational nurse and a physician working at Mule Creek State Prison (“MCSP”) in February 2020, had failed to provide him with treatment after he sustained injuries in a slip and fall kitchen accident…