(PC) Baltierra v. Warden - North Kern State Prison

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JAMES BALTIERRA, Case No. 1:21-cv-01723-NODJ-HBK (PC) Plaintiff, FINDINGS AND RECOMMENDATIONS TO

DISMISS CASE FOR FAILURE TO STATE A

v. CLAIM1 KELLY SANTORO, et al., (Doc. No. 29) Defendants. 14-DAY DEADLINE

16 Pending before the Court for screening under 28 U.S.C. § 1915A is Plaintiff’s second amended complaint. (Doc. No. 29, “SAC”). For the reasons set forth below, the undersigned recommends that the district court dismiss the SAC because it fails to state any cognizable constitutional claim. SCREENING REQUIREMENT A plaintiff who commences an action while in prison is subject to the Prison Litigation Reform Act (“PLRA”), which requires, inter alia, the court to screen a complaint that seeks relief against a governmental entity, its officers, or its employees before directing service upon any defendant. 28 U.S.C. § 1915A. This requires the court to identify any…