Noonan

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 JESUS PEDRITO GONZALES, Case No.: 3:22-cv-0106-DMS-MSB

BOP# 96408298,

ORDER DISMISSING FIRST

Plaintiff, AMENDED COMPLAINT FOR vs. FAILING TO STATE A CLAIM

E. NOONAN; M. SMITH;

[ECF No. 9]

R. STEWERT; T. HARLEY;

MR. CORVET; GEO WESTERN

DETENTION FACILITY ,

17 Defendants. 18 19 20 21 I. Procedural History On January 24, 2022, Jesus Pedrito Gonzales, (“Plaintiff”), currently incarcerated at the Federal Correctional Institution located in Adelanto, and proceeding pro se, filed this civil rights action (ECF No. 1). In addition, Plaintiff filed a Motion to Proceed In Forma Pauperis (“IFP”) pursuant to 28 U.S.C. § 1915(a) (ECF No. 2). This Court conducted the required sua sponte screening of Plaintiff’s Complaint and dismissed his Complaint for failing to state an Eighth or Fourteenth Amendment claim. (See ECF No. 4.) Plaintiff was granted forty-five days leave to file an amended complaint in…