DePonte

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 DAVID ARTHUR DEPONTE, Case No. 23-cv-03813-LJC

8 Plaintiff,

SECOND ORDER OF DISMISSAL

9 v. WITH LEAVE TO AMEND

10 MIRNA BIERMAN, et al., Defendants. 11

12 13 INTRODUCTION 14 Plaintiff, a state prisoner proceeding pro se, filed a civil rights complaint under 42 U.S.C. § 15 1983 alleging that various defendants at the Correctional Training Facility (CTF) in Soledad, CA 16 violated his constitutional rights by referring him for mental health treatment. He was granted 17 leave to proceed in forma pauperis by separate order. ECF 22. The court dismissed Plaintiff’s 18 complaint and granted him leave to amend. ECF 27. Plaintiff’s First Amended Complaint (FAC) 19 (ECF 30) is now before the Court for review. For the reasons identified below, the Court again 20 dismisses the complaint with leave to amend. 21 DISCUSSION 22 A. Standard of Review 23 Federal courts must engage in a preliminary screening of cases in…