Fuentes

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 JONATHAN FUENTES, Case No.: 20cv1942-LAB (RBM)

CDCR #BA-1693,

ORDER DISMISSING FIRST

Plaintiff, AMENDED COMPLAINT vs.

15 WARDEN W.L. MONTGOMERY and

CORRECTIONAL OFFICERS

J. BELTRAN, L. MENIDVIL and

J. SILLAS,

18 Defendants. 19 20 21 On September 30, 2020, Plaintiff Jonathan Fuentes, a California state prisoner incarcerated at Calipatria State Prison in Calipatria, California, filed this civil rights action pursuant to 42 U.S.C. § 1983 claiming his rights to due process and access to the courts were violated when his personal property, including legal material, was removed from his cell and lost. (ECF No. 1.) On December 2, 2020, the Court granted Plaintiff leave to proceed in forma pauperis and screened the Complaint pursuant to 28 U.S.C. §§ 1915(e)(2) and 1915A(b). (ECF No. 9.) As a result of that screening, the Court dismissed the Complaint for failure to state a claim upon which relief could be granted, ruling that the 2 …