(PC) McClung v. CA Board of State and Community Corrections

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BRADLEY JAMES McCLUNG, No. 2:22-cv-01740 TLN DB P Plaintiff, v. ORDER CALIFORNIA BOARD OF STATE AND COMMUNITY CORRECTIONS, et al., 15 Defendants. 16 Plaintiff, an inmate proceeding pro se, seeks relief pursuant to 42 U.S.C. § 1983. Plaintiff claims that defendants violated his rights by failing to provide adequate food, sleep, outdoor exercise, and free video visitation. Presently before the court is plaintiff’s motion to appoint counsel (ECF No. 17) and his second amended complaint1 for screening (ECF No. 23). For the reasons set forth below, the court will deny the motion to appoint counsel and dismiss the complaint with leave to amend. //// ////

1 By order dated April 5, 2023, the undersigned screened and dismissed the original complaint for failure to state a claim. (ECF No. 11.) Plaintiff filed a first amended complaint that was entered 26 on the docket on June 1, 2023. (ECF No. 18.) Shortly thereafter, plaintiff filed a motion to 27…