Lopez

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CHANDA UY, Case No. 1:22-cv-00963-JLT-HBK (PC) 12 Plaintiff, FINDINGS AND RECOMMENDATIONS TO

DISMISS CASE FOR FAILURE TO STATE A

13 v. CLAIM1 14 LOPEZ, et al., (Doc. No. 13) 15 Defendants. 14-DAY DEADLINE

16 17 Pending before the Court for screening under 28 U.S.C. § 1915A is Plaintiff’s first 18 amended complaint. (Doc. No. 13, “FAC”). For the reasons set forth below, the undersigned 19 recommends that the district court dismiss the FAC because it fails to state any cognizable 20 constitutional claim and any further amendments would be futile. 21 SCREENING REQUIREMENT 22 A plaintiff who commences an action while in prison is subject to the Prison Litigation 23 Reform Act (“PLRA”), which requires, inter alia, the court to screen a complaint that seeks relief 24 against a governmental entity, its officers, or its employees before directing service upon any 25 defendant. 28 U.S.C. § 1915A. …