Kern

DISCUSSION

18 A. Standard of Review 19 Federal courts must engage in a preliminary screening of cases in which prisoners seek 20 redress from a governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 21 1915A(a). The court must identify cognizable claims or dismiss the complaint, or any portion of 22 the complaint, if the complaint “is frivolous, malicious, or fails to state a claim upon which relief 23 may be granted,” or “seeks monetary relief from a defendant who is immune from such relief.” Id. 24 § 1915A(b). Pro se pleadings must be liberally construed, however. Balistreri v. Pacifica Police 25 Dep’t, 901 F.2d 696, 699 (9th Cir. 1990). 26 To state a claim under 42 U.S.C. § 1983, a plaintiff must allege two elements: (1) that a 27 right secured by the Constitution or laws of the United States was violated, and (2) that the alleged ] violation was committed by a person acting under the color of state law. West v. Atkins, 487 U.S. |} 42, 48 (1988). B. Legal Claims The failure of prison officials to protect inmates from dangerous conditions while in custody violates the Eighth Amendment only when two requirements…