Covello

(PC) Burke v. Covello

Good Law
United States District Court, Eastern District of CaliforniaNovember 2, 20232:23-cv-00768California409 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 PATRICK BURKE, No. 2:23-cv-0768 KJN P Plaintiff, v. ORDER & FINDINGS &

RECOMMENDATIONS

PATRICK COVELLO, et al., Defendants. 16 Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant to 42 U.S.C. § 1983. For the reasons stated herein, the undersigned recommends dismissal of this action. On June 29, 2023, the undersigned dismissed plaintiff’s complaint with leave to amend. (ECF No. 8.) Plaintiff appealed the order dismissing his complaint with leave to amend to the Ninth Circuit Court of Appeals. (ECF No. 12.) On August 24, 2023, the Ninth Circuit dismissed plaintiff’s appeal for lack of jurisdiction. (ECF No. 16.) On September 15, 2023, the Ninth Circuit issued the mandate. (ECF No. 18.) By order filed September 27, 2023, plaintiff was granted thirty days to file an amended complaint. (ECF No. 19.) The September 27, 2023 order advised plaintiff that failure…

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