Jiminez

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 IVORY LEWIS DOWNS, JR, No. 2:22-cv-1021 AC P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

M. JIMINEZ et al., Defendants. 16 Plaintiff, a state prisoner proceeding pro se, seeks relief pursuant to 42 U.S.C. § 1983 and state tort law and has filed a second amended complaint. ECF No. 28. Also before the court is plaintiff’s motion to appoint counsel and for a temporary restraining order. ECF No. 29. I. Second Amended Complaint A. 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 where 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…