Fernandez

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 EDWARD SPENCER, Case No. 1:23-cv-00397-ADA-HBK (PC) Plaintiff, FINDINGS AND RECOMMENDATIONS TO

DISMISS CASE1

v. (Doc. No. 14) N. HERNANDEZ and CALIFORNIA

DEPARTMENT OF CORRECTIONS FOURTEEN DAY OBJECTION PERIOD

AND REHABILITATION, Defendants. 17 Before the Court is Plaintiff’s First Amended Complaint. (Doc. No. 14). For the reasons set forth below, the undersigned recommends that the district court dismiss the First Amended Complaint under § 1915A for failure to state a claim. BACKGROUND AND OPERATIVE PLEADING Plaintiff, a state prisoner proceeding pro se, filed his initial civil rights complaint under 42 U.S.C. § 1983 on March 17, 2023. (Doc. No. 1, “Complaint”). The undersigned screened Plaintiff’s Complaint and found that it failed to state a federal claim. (Doc. No. 11). Plaintiff was given three options: (1) file an amended complaint, (2) file a notice that Plaintiff intended to stand on his…