(PC) Maestas v. RCCC Medical Staff

Good Law
United States District Court, Eastern District of CaliforniaDecember 14, 20232:21-cv-01419California1,562 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RANDY MAESTAS, No. 2:21-cv-01419 DB P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

RCCC MEDICAL STAFF, Defendant.

17 Plaintiff, a state prisoner, proceeds pro se with a civil rights action under 42 U.S.C. § 1983. Plaintiff’s third amended complaint is before the court for screening. (ECF No. 24.) For the reasons set forth below, it is recommended that this action be dismissed without further leave to amend for failure to state a claim. I. Screening Requirement and Pleading Standard “Notwithstanding any filing fee, or any portion thereof, that may have been paid, the court shall dismiss the case at any time if the court determines that... the action or appeal... fails to state a claim upon which relief may be granted.” 28 U.S.C. § 1915(e)(2)(B)(ii). A complaint must contain “a short and plain statement of the claim showing that the pleader is entitled to relief....” Fed. R. Civ. P. 8(a)(2).…

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