(PC) Champ v. Secretary of Corrections

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 TYE G. CHAMP, JR., Case No. 1:23-cv-0336-ADA-CDB (PC)

Plaintiff, FINDINGS AND RECOMMENDATIONS

TO DISMISS ACTION FOR FAILURE TO

v. STATE A CLAIM

SECRETARY OF CDCR, et al., (Doc. 14)

Defendants.

FOURTEEN (14) DAY DEADLINE

Plaintiff Tye G. Champ, Jr., is a state prisoner proceeding pro se and in forma pauperis in this civil rights action filed under 42 U.S.C. § 1983. Following the Court’s screening of Plaintiff’s original complaint, on June 23, 2023, Plaintiff filed a first amended complaint alleging Defendants denied him a parole hearing in violation of Proposition 57. (Doc. 14.) Upon screening the first amended complaint (“FAC”), the Court finds the pleading fails to state a claim upon which relief can be granted and must be dismissed pursuant to 28 U.S.C. §§ 1915(e)(2)(B)(i)–(ii) and 28 § 1915A(b)(1). The Court further finds the deficiencies in the FAC cannot be cured by amendment and therefore…