1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ANGEL GONZALEZ, No. 2:24-cv-2565 CKD P 12 Plaintiff, 13 v. ORDER AND 14 JASON SCHULTZ, FINDINGS AND RECOMMENDATIONS 15 Defendant. 16 17 Plaintiff is a state prisoner proceeding pro se and seeking relief pursuant to

1983. On September 30, 2024, the court screened plaintiff’s complaint as the court must do 19 under 28 U.S.C. § 1915A(a). The court dismissed plaintiff’s complaint with leave to amend. 20 Plaintiff has now filed an amended complaint which the court screens. 21 The court must dismiss a complaint or portion thereof if the prisoner has raised claims 22 that are legally “frivolous or malicious,” that fail to state a claim upon which relief may be 23 granted, or that seek monetary relief from a defendant who is immune from such relief. 28 24 U.S.C. § 1915A(b)(1),(2). 25 As in his original complaint, plaintiff complains about conditions of confinement. 26 Specifically, he asserts that he fell to the ground after sitting on a table with missing screws. 27 Plaintiff asserts this amounted to a violation of the Eighth Amendment. However, plaintiff does 28 not point to facts suggesting he has been subjected to “cruel and unusual punishment.” At most, 1 | plaintiffs allegations amount to a California law tort claim. Because this court does not have 2 | jurisdiction to hear plaintiffs state law claim,

et seq., plaintiff's amended 3 || complaint must be dismissed. The court has already given plaintiff one opportunity to amend his 4 || pleadings to state a claim upon which he can proceed. Giving plaintiff a second opportunity to 5 || amend appears futile. 6 In accordance with the above, IT IS HEREBY ORDERED that the Clerk of the Court 7 || assign a district court judge to this case. 8 IT IS HEREBY RECOMMENDED that this action be dismissed for failure to state a 9 || claim upon which relief can be granted. 10 These findings and recommendations are submitted to the United States District Judge 11 || assigned to the case, pursuant to the provisions of

(b)(1). Within fourteen days 12 || after being served with these findings and recommendations, plaintiff may file written objections 13 || with the court. The document should be captioned “Objections to Magistrate Judge’s Findings 14 || and Recommendations.” Plaintiff is advised that failure to file objections within the specified 15 || time waives the right to appeal the District Court’s order. Martinez v. YIst,

(9th 16 | Cir. 1991). 17 | Dated: February 24, 2025 / ae □□ / a Ly a 18 CAROLYN K DELANEY 19 UNITED STATES MAGISTRATE JUDGE 20 21 22 gonz2565.fis 23 24 25 26 27 28