(PC)Daley

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

ALCLIFF MORGAN DALEY, 1:20-cv-01129-JLT-GSA-PC

Plaintiff, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS IN PART; DISMISSING

vs. FIRST AMENDED COMPLAINT; GRANTING

MOTION FOR LEAVE TO AMEND IN PART;

PELAYO, et al., AND DIRECTING CLERK OF COURT TO FILE

LODGED SECOND AMENDED PRISONER

Defendants. RIGHTS COMPLAINT

(Docs. 13, 16, 17, 18.) 17 Alcliff Morgan Daley is a state prisoner proceeding pro se and in forma pauperis with this civil rights action pursuant to 42 U.S.C. § 1983. The assigned magistrate judge issued findings and recommendations, recommending that the first amended complaint (FAC) be dismissed, without leave to amend, based on Plaintiff’s failure to state a claim upon which relief may be granted under § 1983. (Doc. 16.) The plaintiff then filed a motion for leave to amend (Doc. 18)1 and lodged a proposed second amended complaint. (Doc. 17.) On…