(PC) Petillo v. Department of Health

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DENNIS PETILLO, JR., No. 2:24-cv-2562 AC P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

DEPARTMENT OF HEALTH, et al., Defendants. 16 Plaintiff is a state prisoner proceeding pro se. After the court screened the original complaint and found it did not state any viable claims for relief, plaintiff was given an opportunity to file an amended complaint. ECF No. 11. Plaintiff has now filed a first amended complaint. ECF No. 14. 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 legal theory or factual…