Konrad

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOSHUWA R. VINYARD, Case No. 2:24-cv-2244-JDP (P) 12 Plaintiff, 13 v. ORDER 14 KONRAD, et al., 15 Defendants. 16 17 Plaintiff Joshuwa Vinyard, a state inmate proceeding without counsel in this civil rights 18 action brought under 42 U.S.C. § 1983, sues Captain Konrad. The complaint alleges a viable 19 excessive force claim that can proceed past screening. However, plaintiff’s retaliation and due 20 process claims are insufficient. Accordingly, plaintiff must decide whether to proceed only with 21 the viable claim, or to delay serving defendant and to file an amended complaint. I will also grant 22 plaintiff’s application to proceed in forma pauperis, which makes the required showing. 23 Screening and Pleading Requirements 24 A federal court must screen a prisoner’s complaint that seeks relief against a governmental 25 entity, officer, or employee. See 28 U.S.C. § 1915A(a). The court must identify any cognizable 26 claims and dismiss any…