Rodriguez

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 RONALD F. MARTINEZ, Case No.: 1:21-cv-01495-JLT-CDB Plaintiff, FINDINGS AND RECOMMENDATIONS TO

DISMISS CERTAIN CLAIM

v. 14-DAY OBJECTION PERIOD C. RODRIGUEZ, Defendant. 16 Plaintiff Ronald F. Martinez is appearing pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. section 1983. I. INTRODUCTION The Court issued its First Screening Order on July 13, 2023, finding that Plaintiff failed to state a claim upon which relief could be granted and gave Plaintiff leave to file a first amended complaint. (Doc. 31.) On August 24, 2023, Plaintiff filed his first amended complaint. (Doc. 34.) II. SCREENING REQUIREMENT The Court is required to screen complaints brought by prisoners seeking relief against a governmental entity or an officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). The Court must dismiss a complaint or portion thereof if the complaint is frivolous or malicious,…