Baez

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

WILLIAM J. GRADFORD, ) Case No.: 1:20-cv-00858-DAD-JLT (PC) ) Plaintiff, ) ORDER TO THE PLAINTIFF TO NOTIFY THE ) COURT HE WISHES TO PROCEED ONLY ON v. ) THE COGNIZABLE CLAIM OR TO FILE A ) FIRST AMENDED COMPLAINT DEPUTY BAEZ, ) Defendant. ) ) )

William J. Gradford seeks to proceed in forma pauperis1 with this civil rights action pursuant to 42 U.S.C. § 1983. (Docs. 1, 3.) Petitioner seeks redress due to an incident involving Deputy Baez and retaliation he claims he faces in prison. (See Doc. 1.) Plaintiff states a cognizable claim only as to excessive force in violation of the Eighth Amendment to the Constitution. I. Screening Requirement When an individual seeks to proceed in forma pauperis, the Court is required to review the complaint and shall dismiss a complaint, or portion of the complaint, if it is “frivolous, malicious or fails to state a claim upon which relief may be…