(PC) Miles v. Garland

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MAURICE MILES, SR., No. 2:19-cv-01881-MCE-CKD P Plaintiff, v. ORDER DANIEL GARLAND, et al., Defendants. 16 Plaintiff is a state prisoner currently confined at Atascadero State Hospital who is proceeding pro se and in forma pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. This proceeding was referred to this court pursuant to 28 U.S.C. § 636(b)(1) and Local Rule 302. Plaintiff’s second amended complaint is now before the court.1 I. Screening Requirement 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 legally

1 Plaintiff filed a first amended complaint on March 10, 2020 using the prison mailbox rule. ECF 26 No. 23; see also Houston v. Lack, 487 U.S. 266 (1988). …