Garcia

1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 EMANUEL L. BOONE, Case No. 1:23-cv-173-KES-BAM (PC) 10 Plaintiff, FINDINGS AND RECOMMENDATIONS

REGARDING DISMISSAL OF CERTAIN

11 v. CLAIMS AND DEFENDANTS

12 ADVENTIST HEALTH, et al., (ECF No. 21)

13 Defendants. FOURTEEN (14) DAY DEADLINE 14 Plaintiff Emanuel L. Boone (“Plaintiff”) is a state prisoner proceeding pro se and in forma 15 pauperis in this civil rights action under 42 U.S.C. § 1983. The Court screened Plaintiff’s 16 complaint, and Plaintiff was granted leave to amend. Plaintiff’s first amended complaint is 17 currently before the Court for screening. (ECF No. 21.) 18

I. Screening Requirement and Standard

19 The Court is required to screen complaints brought by prisoners seeking relief against a 20 governmental entity and/or against an officer or employee of a governmental entity. 28 U.S.C. 21 § 1915A(a). Plaintiff’s complaint, or any portion thereof, is subject to dismissal if it is frivolous 22 or malicious, if it fails to state a claim upon…