(PC) Wilkins v. Smith

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 TIMOTHY D. WILKINS, No. 2:24-cv-3135 CKD P Plaintiff, v. ORDER D. SMITH, et al., Defendants. 16 Plaintiff is a state prisoner proceeding pro se and seeking relief pursuant to 42 U.S.C. § 1983. He seeks damages and injunctive relief. On February 27, 2025, plaintiff was granted leave to file a third amended complaint. Plaintiff filed a third amended complaint on March 31, 2025. I. Screening 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). To avoid dismissal for failure to state a claim…