Vang

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOSEPH B. GARCIA, Case No. 2:25-cv-2731-JDP (P) 12 Plaintiff, 13 v. ORDER 14 D. VANG, et al., 15 Defendants. 16 17 Plaintiff, a state prisoner, brings this action against defendants D. Vang, L. Becerra, and 18 an unnamed sergeant. After review of the complaint, I find that, for screening purposes, plaintiff 19 has stated a cognizable Eighth Amendment failure-to-protect claim against defendant Becerra. 20 His other claims are non-cognizable as articulated. Plaintiff shall indicate whether he desires to 21 proceed only with his Eighth Amendment claim against Becerra, or delay serving any defendant 22 and file amended complaint. I will grant plaintiff’s application to proceed in forma pauperis. 23 ECF No. 2. 24 I. Screening Standards 25 A federal court must screen a prisoner’s complaint that seeks relief against a governmental 26 entity, officer, or employee. See 28 U.S.C. § 1915A(a). The court must identify any cognizable 27 claims and dismiss any…