(PC) Hernandez v. California Department of Correction and Rehabilitation

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

PETER HERNANDEZ, Case No. 1:23-cv-00394-ADA-SAB (PC)

Plaintiff, AMENDED FINDINGS AND

RECOMMENDATION RECOMMENDING

v. DISMISSAL OF ACTION

CALIFORNIA DEPARTMENT OF (ECF No. 9)

CORRECTIONS AND REHABILITATION,

et al., Defendants.

19 Plaintiff Peter Hernandez is proceeding pro se and in forma pauperis in this civil rights 20 action filed pursuant to 42 U.S.C. § 1983. This matter was referred to a United States 21 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. Plaintiff’s 22 complaint in this action was filed on March 16, 2023. (ECF No. 1.) 23 On April 28, 2023, the Court screened the complaint, found that Plaintiff failed to state a 24 cognizable claim for relief, and granted Plaintiff thirty days to file an amended complaint. 25 (ECF No. 8.) 26 Plaintiff failed to file an amended complaint or otherwise respond to the April 28, 2023 27 order. Therefore, on June 7, 2023, the Court issued an order for Plaintiff to show cause why the action should…