(PC) Eberly v. Sacramento County Sheriff Department

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GARY ALAN EBERLY, No. 2:25-cv-0736 CKD P Plaintiff, v. ORDER AND SACRAMENTO COUNTY SHERIFF’S FININDINGS AND RECOMMENDATIONS DEPARTMENT, et al., 15 Defendants. 16 Plaintiff is a state prisoner proceeding pro se and seeking relief pursuant to 42 U.S.C. § 1983. On March 17, 2025, plaintiff’s complaint was dismissed with leave to amend. Plaintiff has now filed an amended complaint. 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). The court must dismiss a complaint or portion thereof if the prisoner has raised claims that are legally “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915A(b)(1),(2). Plaintiff alleges he was wrongfully convicted of murdering his wife. He…