Cross

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 LA VON HANEY, No. 2:18-cv-1836 KJN P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

DR. RICHARD CROSS, et al., Defendants. 16 I. Introduction Plaintiff is a state prisoner, proceeding pro se and in forma pauperis, with a civil rights complaint under 42 U.S.C. § 1983. Plaintiff’s second amended complaint is before the court. Despite amendments, the undersigned finds that plaintiff fails to allege facts sufficient to state an Eighth Amendment claim. Accordingly, the court recommends that plaintiff’s second amended complaint be dismissed without prejudice, but without leave to amend. II. Screening Standards Federal courts must engage in a preliminary screening of cases in which prisoners seek redress from a governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). The court must identify cognizable claims or dismiss the complaint, or any portion of the complaint,…