Kevin Darnell Bryant v. Raybon C. Johnson

I. BACKGROUND AND SUMMARY

18 On April 14, 2020, plaintiff Kevin Darnell Bryant, who is in state custody, is 19 proceeding pro se, and has since been granted leave to proceed without prepayment 20 of the filing fee (“IFP”), filed a Civil Rights Complaint (“Original Complaint”) 21 pursuant to 42 U.S.C. § 1983. 22 As plaintiff is a prisoner and is proceeding IFP, the assigned Magistrate 23 Judge screened the Original Complaint to determine if the action is frivolous or 24 malicious, fails to state a claim on which relief may be granted, or seeks monetary 25 relief against a defendant who is immune from such relief. See 28 U.S.C. 26 §§ 1915(e)(2)(B), 1915A; 42 U.S.C. § 1997e(c). 27 /// 28 1 On March 16, 2021, the Magistrate Judge issued an Order Dismissing [the 2 Original] Complaint with Leave to Amend and Directing Plaintiff to Respond to 3 Order (“March 2021 Order”).1 [Doc. # 21.] The March 2021 Order advised 4 plaintiff that the Original Complaint was deficient for reasons described in the 5 March 2021 Order and dismissed the Original Complaint with leave to amend.2 6 On May 14, 2021, plaintiff filed a First Amended Complaint. [Doc. # 27.] 7 The gravamen of…