(PC) Montgomery v. Madera Department of Corrections

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 PAULINE MONTGOMERY, No. 1:23-cv-00919-JLT-SAB (PC) 12 Plaintiff, FINDINGS AND RECOMMENDATION

RECOMMENDING DISMISSAL OF THE

13 v. ACTION 14 MADERA DEPT. OF CORRECTIONS, et (ECF No. 20) al., 15 Defendants. 16

17 Plaintiff is proceeding pro se and in forma pauperis in this civil rights action filed pursuant 18 to 42 U.S.C. § 1983. 19 Plaintiff’s complaint in this action was filed on June 20, 2023. (ECF No. 1.) Plaintiff 20 filed a first amended complaint on August 9, 2023. (ECF No. 9.) 21 On September 28, 2023, the Court screened Plaintiff’s first amended complaint, found no 22 cognizable claim, and granted Plaintiff thirty days to file an amended complaint. (ECF No. 10.) 23 Plaintiff failed to respond to the screening order and an order to show cause why the 24 action should not be dismissed was issued on November 7, 2023. (ECF No. 11.) After Plaintiff 25 failed to file a response, Findings and Recommendations were issued on December 1, 2023. 26 (ECF No. 13.) On December 15,…