Allison
(PC) Gosztyla v. Allison
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CHANTELL GOSZTYLA, Case No. 1:22-cv-00763-JLT-HBK (PC) Plaintiff, FINDINGS AND RECOMMENDATIONS TO
DISMISS FIRST AMENDED COMPLAINT
v. FOR FALURE TO STATE CLAIM 1 KATHLEEN ALLISON, (Doc. No. 12) Defendant. FOURTEEN DAY OBJECTION PERIOD 16 Before the Court is Plaintiff Chantell Gosztyla’s First Amended Complaint subject to screening under 28 U.S.C. § 1915. (Doc. No. 12 “FAC”). The undersigned recommends that the district court dismiss the FAC because it fails to state a constitutional claim upon which relief can be granted. BACKGROUND AND OPERATIVE PLEADING Plaintiff is a state prisoner proceeding pro se and in forma pauperis. (Doc. Nos. 6, 12). Plaintiff initiated this action by filing a civil rights complaint under 42 U.S.C. § 1983 on June 22, 2022. (Doc. No. 1, “Complaint”). The undersigned screened Plaintiff’s Complaint and found that it failed to state a cognizable…