CDCR

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 KWESI MUHAMMAD, Case No. 2:23-cv-00756-JDP (PC) 11 Plaintiff, ORDER 12 v. SCREENING PLAINTIFF’S AMENDED

COMPLAINT AND GRANTING LEAVE

13 CALIFORNIA DEPARTMENT OF TO AMEND

CORRECTIONS AND

14 REHABILITATION, ECF No. 14 15 Defendant. 16 17 Plaintiff Kwesi Muhammad is a state prisoner proceeding without counsel in this action 18 under 42 U.S.C. § 1983. Following defendant’s successful motion to dismiss, plaintiff has 19 amended his complaint and it is before me for screening. Like his previous complaint, plaintiff 20 alleges that defendant CDCR violated his rights under Title II of the Americans with Disabilities 21 Act (“ADA”) and the Rehabilitation Act (“RA”) when it failed to provide him with a second 22 mattress to address post-COVID-19 chronic fatigue and joint pain. ECF No. 14 at 6-7. Since 23 plaintiff’s amended complaint continues to suffer from pleading defects, I will dismiss the 24 complaint and give him a final opportunity to amend.…