(PC) Wilkins v. Smith

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 TIMOTHY D. WILKINS, No. 2:24-cv-3135 CKD P 12 Plaintiff, 13 v. ORDER AND 14 D. SMITH, et al., FINDINGS AND RECOMMENDATIONS 15 Defendants. 16 17 Plaintiff is a state prisoner proceeding pro se and seeking relief pursuant to 42 U.S.C. § 18 1983. He seeks damages and injunctive relief. On June 2, 2025, plaintiff was granted leave to 19 file a fourth amended complaint. Plaintiff filed a fourth amended complaint on July 2, 2025, 20 along with a motion for preliminary injunctive relief. 21 I. Screening 22 The court is required to screen complaints brought by prisoners seeking relief against a 23 governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). The 24 court must dismiss a complaint or portion thereof if the prisoner has raised claims that are legally 25 “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek 26 monetary relief from a defendant who is immune…