Paldara

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ROBBIE GOODBAR, Case No. 1:21-cv-0001811-KES-BAM (PC) 12 Plaintiff, FINDINGS AND RECOMMENDATION TO

DISMISS ACTION FOR FAILURE TO

13 v. STATE A CLAIM 14 PALDARA, et al., (ECF No. 38)

15 Defendants. FOURTEEN (14) DAY DEADLINE 16 Plaintiff Robbie Goodbar (“Plaintiff”) is a state prisoner proceeding pro se and in forma 17 pauperis in this civil rights action under 42 U.S.C. § 1983. The Court screened Plaintiff’s first 18 amended complaint and he was granted leave to amend. Plaintiff’s second amended complaint is 19 currently before the Court for screening. (ECF No. 38.) 20

I. Screening Requirement and Standard

21 The Court is required to screen complaints brought by prisoners seeking relief against a 22 governmental entity and/or against an officer or employee of a governmental entity. 28 U.S.C. 23 § 1915A(a). Plaintiff’s complaint, or any portion thereof, is subject to dismissal if it is frivolous 24 or malicious, if it fails to state a claim…