(PC) Murillo v. District Attorney Office

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CIXTO CRUZ MURILLO, Case No. 2:22-cv-01920-TLN-JDP (PC) Plaintiff, ORDER WITHDRAWING FINDINGS AND

RECOMMENDATIONS THAT THE

v. ACTION BE DISMISSED FOR FAILURE

TO COMPLY WITH COURT ORDERS

DISTRICT ATTORNEY OFFICE, ECF No. 27 Defendant.

FINDINGS AND RECOMMENDATIONS

THAT THE SECOND AMENDED

COMPLAINT BE DISMISSED FOR

FAILURE TO STATE A COGNIZABLE

CLAIM

18 ECF No. 30

20 Plaintiff, a state prisoner, brings this action under section 1983. I previously recommended that this action be dismissed based on plaintiff’s failure to timely file an amended complaint. ECF No. 27. Weeks after those recommendations were filed, plaintiff filed an amended complaint. ECF No. 30. Given plaintiff’s pro se status, I will excuse the untimeliness of his amended complaint and will withdraw my previous recommendations. However, I have reviewed the newly filed amended…