Baughman

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 SIDNEY PETILLO, No. 2:19-CV-0667-DMC-P Plaintiff, v. ORDER D. BAUGHMAN, et al., Defendants. 16 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983. Pending before the Court is Plaintiff’s first amended complaint (ECF No. 7) alleging violations of his rights under the Fourth Amendment, Eighth Amendment, and Fourteenth Amendment. The document docketed as Plaintiff’s second amended civil rights complaint (ECF No. 18) is construed as a motion for discovery, as such the motion is denied as premature. 23 I. SCREENING REQUIREMENT AND STANDARD The Court is required to screen complaints brought by prisoners seeking relief against a governmental entity or officer or employee of a governmental entity. See 28 U.S.C. § 1915A(a). The Court must dismiss a complaint or portion thereof if it: (1) is frivolous or malicious; (2) fails to state a…