(PC) Merino v. St. Joaquing Gn Hospital

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 FRANCISCO MERINO, No. 2:22-cv-0520 WBS DB P 12 Plaintiff, 13 v. ORDER AND FINDINGS AND

RECOMMENDATIONS

14 St. JOAQUING GN HOSPITAL, 15 Defendant. 16

17 18 Plaintiff, a state prisoner, proceeds pro se with a civil rights action under 42 U.S.C. § 19 1983. Plaintiff’s third amended complaint (“3AC”) is before the court for screening. (ECF No. 20 59.) For the reasons set forth below, the 3AC fails to state a claim and should be dismissed 21 without further leave to amend. Because the 3AC should be dismissed, plaintiff’s request for 22 preliminary injunctive relief (ECF No. 63) should be denied. 23 I. Screening Requirement and Pleading Standard 24 “Notwithstanding any filing fee, or any portion thereof, that may have been paid, the court 25 shall dismiss the case at any time if the court determines that... the action or appeal... fails to state 26 a claim upon which relief may be granted.” 28 U.S.C. § 1915(e)(2)(B)(ii). 27 A complaint must…