(PC) McCrea v. Johnson, et al., No. 2:2015cv01487 - Document 12 (E.D. Cal. 2015)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 09/23/15 recommending that this action be dismissed with prejudice for failure to state a claim. Referred to Judge John A. Mendez. Objections due within 14 days. (Plummer, M)

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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 TERRENCE McCREA, 12 13 14 15 No. 2:15-cv-1487 JAM CKD P Plaintiff, v. FINDINGS AND RECOMMENDATIONS B. JOHNSON, et al., Defendants. 16 17 Plaintiff is a state prison inmate, proceeding pro se and in forma pauperis, who seeks relief 18 pursuant to 42 U.S.C. § 1983. On July 30, 2015, plaintiff’s original complaint was dismissed for 19 failure to state a claim, and plaintiff was granted leave to file an amended complaint. (ECF No. 20 6.) Plaintiff’s amended complaint is now before the court for screening. (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 state a 27 claim for relief against any defendant. Because it appears that another round of amendment 28 would be futile, the undersigned will recommend dismissal of this action. 1 1 2 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed with prejudice for failure to state a claim. 3 These findings and recommendations are submitted to the United States District Judge 4 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 5 after being served with these findings and recommendations, plaintiff may file written objections 6 with the court. Such a document should be captioned “Objections to Magistrate Judge's Findings 7 and Recommendations.” Plaintiff is advised that failure to file objections within the specified 8 time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 9 (9th Cir. 1991). 10 Dated: September 23, 2015 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 2 / mccr1487.fac_fr 18 19 20 21 22 23 24 25 26 27 28 2

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