Cavello

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 STANLEY W. MUNDY, No. 2:23-cv-0061 WBS AC P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

PATRICK CAVELLO, et al., Defendants. 16 Plaintiff, a state prisoner proceeding pro se, seeks relief pursuant to 42 U.S.C. § 1983 and Title II of the Americans with Disabilities Act (ADA), 42 U.S.C. § 12132. Upon screening the first amended complaint, the court gave plaintiff the options of proceeding on the complaint as screened or filing an amended complaint. ECF No. 15. Plaintiff chose to amend the complaint (ECF No. 17) and has now filed a second amended complaint (ECF No. 19). 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…