(PC) Anderson v. California Medical Facility

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JULIUS ANDERSON, No. 2:18-cv-2314 DB P Plaintiff, v. ORDER CALIFORNIA MEDICAL FACILITY, et al., 15 Defendants.

17 Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil rights 18 action. He has filed a second amended complaint, which is before the Court for screening.1

I. Screening Requirement

20 The in forma pauperis statute provides, “Notwithstanding any filing fee, or any portion 21 thereof, that may have been paid, the court shall dismiss the case at any time if the court 22 determines that . . . the action or appeal . . . fails to state a claim upon which relief may be 23 granted.” 28 U.S.C. § 1915(e)(2)(B)(ii). 24 //// 25 26 1 While this is plaintiff’s second amended complaint, it is the first pleading that he drafted as a pro se plaintiff. The previous two iterations were submitted by plaintiff’s attorney, and each was dismissed with leave to amend for failure to state a claim. (ECF Nos. 6, 18.) Plaintiff has since terminated…