Merrifield

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 PAUL J. BURNETTE, No. 2:19-cv-2283 DB P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

KIMBERLY MERRIFIELD, et al., Defendants. 16 Plaintiff is confined at Napa State Hospital pursuant to a determination of incompetency under California Penal Code § 1370. Plaintiff, acting in pro per, has filed an action in this court under 42 U.S.C. § 1983. Upon screening, and for the reasons set forth below, this court finds plaintiff fails to state claims cognizable under § 1983 and recommends this action be dismissed. SCREENING I. Legal Standards The court is required to screen complaints brought by prisoners seeking relief against a governmental entity or an officer or employee of a governmental entity. See 28 U.S.C. § 1915A(a). The court must dismiss a complaint or portion thereof if the prisoner has raised claims that are legally “frivolous or malicious,” that fail to state a…