Newcomer

I. BACKGROUND AND SUMMARY

18 On December 22, 2023, Plaintiff Cristobal Cervantes, who is in federal 19 custody, is proceeding pro se, and has been granted leave to proceed without 20 prepayment of filing fees (“IFP”), filed a Civil Rights Complaint (“Complaint”) 21 pursuant to Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 22 403 U.S. 388 (1971), suing five officers at the United States Penitentiary in 23 Victorville, California (“USP Victorville”), where he was formerly housed, for 24 violating his First Amendment right to free speech, his Fourth Amendment right to 25 be free from illegal search and seizure, his Fifth, Sixth, and Fourteenth Amendment 26 rights to due process, a “fair trial,” and equal protection, and his Eighth 27 Amendment right to be free from cruel and unusual punishment. 28 As Plaintiff is a prisoner and is proceeding IFP, the assigned Magistrate 2 || Judge screened the Complaint to determine if the action is frivolous or malicious, 3 || fails to state a claim on which relief may be granted, or seeks monetary relief 4 || against a defendant who is immune from such relief. See 28 U.S.C. 5 §§ 1915(e)(2)(B), 1915A; 42 U.S.C. § …