Allison

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 Case No. 1:22-cv-01020-ADA-CDB (PC) SANDI NIEVES,

Plaintiff, FINDINGS AND RECOMMENDATIONS

TO DISMISS ACTION FOR FAILURE TO

v. STATE A CLAIM

KATHLEEN ALLISON, (Doc. 21)

Defendant.

FOURTEEN (14) DAY DEADLINE

Plaintiff Sandi Nieves is a state prisoner proceeding pro se and in forma pauperis in this civil rights action under 42 U.S.C. § 1983. Following the Court’s issuance of its first screening order, on August 25, 2023, Plaintiff filed a first amended complaint against Kathleen Allison, Secretary of CDCR, in her both her individual and official capacities. (Doc. 21.) The other defendants named in Plaintiff’s original complaint were not included in the first amended complaint, and, thus, are presumed to have been removed from this action. Otherwise, the first amended complaint is substantively similar to the original complaint, alleging violations of the Fifth Amendment for the abuse of power, fraud,…