(PC) Ainsworth v. Foulk, No. 2:2014cv00479 - Document 12 (E.D. Cal. 2014)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 6/4/2014 RECOMMENDING that this action be dismissed for failure to state a claim. Referred to Judge Kimberly J. Mueller; Objections due within 14 days. (Yin, K)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MAURICE AINSWORTH, 12 Plaintiff, 13 14 15 v. No. 2:14-cv-0479 KJM CKD P FINDINGS AND RECOMMENDATIONS FRED FOULK, et al., Defendants. 16 17 Plaintiff is a state prisoner, proceeding pro se and in forma pauperis, who seeks relief 18 pursuant to 42 U.S.C. § 1983. On April 21, 2014, plaintiff’s complaint was dismissed with thirty 19 days’ leave to amend. (ECF No. 10.) Plaintiff has filed an amended complaint, now before the 20 court. (ECF No. 11.) 21 The court is required to screen complaints brought by prisoners seeking relief against a 22 governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). The 23 court must dismiss a complaint or portion thereof if the prisoner has raised claims that are legally 24 “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek 25 monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915A(b)(1), (2). 26 Having reviewed the amended complaint, the undersigned concludes that it fails to cure 27 the defects of the original complaint as discussed in the April 21, 2014 screening order. Because 28 it appears that another round of amendment would be futile, the undersigned will recommend that 1 1 2 3 this action be dismissed. Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed for failure to state a claim. 4 These findings and recommendations are submitted to the United States District Judge 5 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 6 after being served with these findings and recommendations, plaintiff may file written objections 7 with the court. Such a document should be captioned “Objections to Magistrate Judge’s Findings 8 and Recommendations.” Plaintiff is advised that failure to file objections within the specified 9 time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 10 (9th Cir. 1991). 11 Dated: June 4, 2014 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 2 / ains0479.fac 21 22 23 24 25 26 27 28 2

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