Tally

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MAURICE L. VENABLE, Case No. 2:24-cv-1779-JDP (P) Plaintiff, v. ORDER; FINDINGS AND

RECOMMENDATIONS

TALLY, Defendant. 16 Plaintiff, a state prisoner, alleges in his first amended complaint that defendant Talley violated his Eighth Amendment rights by using excessive force against him. ECF No. 8. The complaint has not cured the defects identified in the court’s prior screening order and continues to fail to state an Eighth Amendment excessive force claim. Therefore, I will recommend that this action be dismissed without leave to amend for failure to state a claim. Screening Order I. Screening and Pleading Requirements A federal court must screen a prisoner’s complaint that seeks relief against a governmental entity, officer, or employee. See 28 U.S.C. § 1915A(a). The court must identify any cognizable claims and dismiss any portion of the complaint that is frivolous or malicious,…