Soto

(PC) Dukes v. Soto

Good Law
United States District Court, Eastern District of CaliforniaJuly 28, 20231:21-cv-01570California3,761 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DARNELL MAURICE DUKES, Case No. 1:21-cv-01570-JLT-HBK (PC) Plaintiff, FINDINGS AND RECOMMENDATIONS TO

DISMISS CASE1

v.

FOURTEEN-DAY OBJECTION PERIOD

TAMMY SOTO and JOHN PEARCE, (Doc. No. 11) Defendants.

16 Pending before the Court for screening under 28 U.S.C. § 1915A is Plaintiff’s First Amended Complaint. (Doc. No. 11, “FAC”). For the reasons set forth below, the undersigned recommends that the district court dismiss the First Amended Complaint because it fails to state any cognizable constitutional claim and close this case as any further amendments would be futile. SCREENING REQUIREMENT Plaintiff commenced this action while in prison and is subject to the Prison Litigation Reform Act (“PLRA”), which requires, inter alia, the court to screen any complaint that seeks relief against a governmental entity, its officers, or its employees before directing service upon any defendant. 28 U.S.C. § 1915A. This…

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