Kernan
(PC) Godinez v. Kernan
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 RAFAEL GODINEZ, No. 2:18-cv-2921-TLN-EFB P Plaintiff, v. ORDER SCOTT KERNAN, et al., Defendants. 15 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 U.S.C. § 1983. He has filed a third amended complaint (ECF No. 35), which the court must screen pursuant to 28 U.S.C. § 1915A. The court must identify cognizable claims or dismiss the complaint, or any portion of the complaint, if the complaint “is frivolous, malicious, or fails to state a claim upon which relief may be granted,” or “seeks monetary relief from a defendant who is immune from such relief.” Id. § 1915A(b). Plaintiff’s third amended complaint alleges the following potentially cognizable claims: (1) an Eighth Amendment excessive force claim against defendant Rios arising from an incident in the High Desert State Prison dining hall on December 19, 2015; (2) a First Amendment retaliation claim against defendant Rios for…