- 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ORRIN TYLER COLBURN, No. 2:23-cv-2316 CKD P 12 Plaintiff, 13 v. ORDER AND 14 BUTTE COURTHOUSE, et al., FINDINGS AND RECOMMENDATIONS 15 Defendants. 16 17 Plaintiff is a Butte County Jail prisoner proceeding pro se and seeking relief pursuant to 18 42 U.S.C. § 1983. Plaintiff’s amended complaint is before the court for screening. 19 The court is required to screen complaints brought by prisoners seeking relief against a 20 governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). The 21 court must dismiss a complaint or portion thereof if the prisoner has raised claims that are legally 22 “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek 23 monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915A(b)(1), (2). 24 Plaintiff complains that the Superior Court of Butte County has denied plaintiff a parole 25 hearing. The court assumes that plaintiff sought collateral relief in the Superior Court of Butte 26 County seeking a parole hearing, but the request for a hearing was denied. In any case, plaintiff 27 fails to point to anything suggesting that his being denied a parole hearing by the Superior Court 28 ///// 1 | of Butte County violates federal law. For this reason, plaintiff fails to state a claim arising under 2 || federal law upon which relief can be granted. 3 The allegations in plaintiff's amended complaint are essentially the same as the 4 || allegations made in his original complaint. When the court dismissed the original with leave to 5 || amend the court provided plaintiff with guidance as to the contents of his amended complaint. 6 || Despite the advice given, plaintiff still fails to state a claim rendering granting leave to amend a 7 || second time futile. 8 In accordance with the above, IT IS HEREBY ORDERED that the clerk of the court 9 || assign a district court judge to this case. 10 IT IS HEREBY RECOMMENDED that: 11 1. Plaintiff's amended complaint be dismissed; and 12 2. This case be closed. 13 These findings and recommendations are submitted to the United States District Judge 14 || assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen days 15 || after being served with these findings and recommendations, plaintiff may file written objections 16 || with the court. The document should be captioned “Objections to Magistrate Judge’s Findings 17 || and Recommendations.” Plaintiff is advised that failure to file objections within the specified 18 || time waives the right to appeal the District Court’s order. Martinez v. YIst, 951 F.2d 1153 (9th 19 | Cir. 1991). 20 | Dated: September 13, 2024 / □□□ / 4 ly a 21 CAROLYNK. DELANEY 22 UNITED STATES MAGISTRATE JUDGE 23 24 25 | 6 colb2316.frs 27 28
Document Info
Docket Number: 2:23-cv-02316
Filed Date: 9/13/2024
Precedential Status: Precedential
Modified Date: 10/31/2024