Arnold
(PC) Espino v. Arnold
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MARTIN ESPINO, No. 2:17-cv-2198 KJM AC P Plaintiff, v. ORDER ERIC ARNOLD, Defendant. 16 Plaintiff, a state prisoner proceeding pro se and in forma pauperis, seeks relief pursuant to 42 U.S.C. § 1983. This proceeding was referred to this court by Local Rule 302 pursuant to 28 U.S.C. § 636(b)(1). On December 9, 2019, plaintiff filed a first amended complaint (“FAC”). ECF No. 17. For the reasons stated below, the FAC will not be served and plaintiff will be given a second and final opportunity to amend. I. SCREENING REQUIREMENT The court is required to screen complaints brought by prisoners seeking relief against a governmental entity or officer or employee of a governmental entity. 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 claim upon which relief may be granted, or that…