Lebeck

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 EVERTON WHITELY, No. 2:17-cv-2107 AC P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

J. LEBECK, et al., Defendants. 16 Plaintiff, a state prisoner proceeding pro se and in forma pauperis, seeks relief pursuant to 42 U.S.C. § 1983. By order filed April 23, 2020, the undersigned screened the original complaint, found it did not state a claim for relief, and gave plaintiff an opportunity to file an amended complaint. ECF No. 15. Plaintiff has now filed a first amended complaint. ECF No. 20. I. Statutory Screening of Prisoner Complaints 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 “frivolous, malicious, or fail[] to state a claim upon which relief may be granted,” or…