Cross

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LA VON HANEY, No. 2:18-cv-1836 KJN P 12 Plaintiff, 13 v. ORDER AND FINDINGS AND

RECOMMENDATIONS

14 DR. RICHARD CROSS, et al., 15 Defendants. 16 17 I. Introduction 18 Plaintiff is a state prisoner, proceeding pro se and in forma pauperis, with a civil rights 19 complaint under 42 U.S.C. § 1983. Plaintiff’s second amended complaint is before the court. 20 Despite amendments, the undersigned finds that plaintiff fails to allege facts sufficient to state an 21 Eighth Amendment claim. Accordingly, the court recommends that plaintiff’s second amended 22 complaint be dismissed without prejudice, but without leave to amend. 23 II. Screening Standards 24 Federal courts must engage in a preliminary screening of cases in which prisoners seek 25 redress from a governmental entity or officer or employee of a governmental entity. 28 U.S.C. 26 § 1915A(a). The court must identify cognizable claims or dismiss the complaint, or any portion 27 of the complaint,…