Spearman

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 SAMUEL SALDANA, No. 2:19-cv-0916 CKD P Plaintiff, v. ORDER M.E. SPEARMAN, et al., Defendants. 16 Plaintiff is a state prisoner proceeding pro se and seeking relief pursuant to 42 U.S.C. § 1983. On May 29, 2019, the court screened plaintiff’s complaint as the court is required to due under 28 U.S.C. § 1915A(a). Plaintiff’s complaint was dismissed with leave to amend and plaintiff was given instructions as to the contents of his amended complaint. As plaintiff now knows, 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 seek monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915A(b)(1),(2). A claim is legally frivolous when it lacks an arguable basis either in law or in fact. Neitzke v. Williams, 490 U.S. 319, 325 (1989); Franklin v.…