Carter

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KEITH LUCKETT, No. 2:24-cv-0491 AC P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

RUBY CARTER, et al., Defendants. 16 Plaintiff, a state prisoner proceeding pro se, seeks relief pursuant to 42 U.S.C. § 1983. By order filed November 4, 2024, plaintiff’s complaint was screened and he was given the options of amending the complaint or proceeding immediately on cognizable claims only. ECF No. 5. Plaintiff has now filed an amended complaint. ECF No. 6. I. Statutory Screening of Prisoner Complaints The court is required to screen complaints brought by prisoners seeking relief against “a governmental entity or officer or employee of a governmental entity.” 28 U.S.C. § 1915A(a). A claim is legally frivolous when it lacks an arguable basis either in law or in fact. Neitzke v. Williams, 490 U.S. 319, 325 (1989). The court may dismiss a claim as frivolous if it is based on an indisputably meritless…