(PC) Clark v. CDC

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ANDRE JAMES CLARK, SR., No. 2:24-cv-1748 TLN AC P 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 CALIFORNIA DEPARTMENT OF CORRECTIONS, et al., 15 Defendants. 16 17 Plaintiff is a former state and current county inmate who filed this civil rights action 18 pursuant to 42 U.S.C. § 1983 without a lawyer. By order filed November 15, 2024, the 19 undersigned granted plaintiff’s motion to amend and provided him thirty days to file an amended 20 complaint. ECF No. 13 at 3. Plaintiff was cautioned that if he failed to file an amended 21 complaint the case would proceed on the original complaint. Id. The time to amend has now 22 passed and no amended complaint has been filed. Accordingly, for the reasons explained below, 23 the undersigned will proceed to screen the original complaint. 24 I. Statutory Screening of Prisoner Complaints 25 The court is required to screen complaints brought by prisoners seeking relief against “a 26 governmental entity or officer or employee…