CDCR

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 TORIANO GERMAINE SMITH, No. 2:19-cv-2107 TLN CKD P Plaintiff, v. FINDINGS AND RECOMMENDATIONS CALIFORNIA DEPARTMENT OF

CORRECTIONS & REHABILITATION,

15 Defendant.

17 By order filed April 7, 2020, the undersigned screened the complaint and dismissed it with 18 leave to amend. (ECF No. 9.) Plaintiff has now filed a first amended complaint. (ECF No. 12.)

I. Statutory Screening of Prisoner Complaints

20 The court is required to screen complaints brought by prisoners seeking relief against a 21 governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). The 22 court must dismiss a complaint or portion thereof if the prisoner has raised claims that are 23 “frivolous, malicious, or fail[] to state a claim upon which relief may be granted,” or that “seek[] 24 monetary relief from a defendant who is immune from such relief.” 28 U.S.C. § 1915A(b). 25 “Federal Rule of Civil Procedure 8(a)(2) requires only ‘a short and plain statement of the 26 claim…