(PC) Dalke v. Sacramento Corrections

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOSHUA JASON DALKE, No. 2:22-cv-1842 DAD AC P Plaintiff, v. FINDINGS AND RECOMMENDATIONS SACRAMENTO CORRECTIONS, et al., Defendants. 16 Plaintiff is a state prisoner proceeding pro se. Currently before the court is plaintiff’s third amended complaint. ECF Nos. 50. I. 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 factual contentions that are baseless. Id., 490 U.S. at 327. The critical inquiry is whether a constitutional claim, however inartfully pleaded, has an arguable legal and factual…