Diaz

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOHN LAKE, No. 2:20-cv-2077 DB P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

RALPH DIAZ, et al., Defendants. 16 Plaintiff is a state prisoner proceeding pro se with a civil rights action under 42 U.S.C. § 1983. Before the court is plaintiff’s first amended complaint for screening and motion for a preliminary injunction. For the reasons set forth below, this court will dismiss plaintiff’s first amended complaint and permit plaintiff the opportunity to file a second amended complaint. Further, this court will recommend plaintiff’s motion for a preliminary injunction be denied. SCREENING As described in this court’s prior screening order, the court is required to screen complaints brought by prisoners to determine whether they sufficiently state claims under 42 U.S.C. § 1983. 28 U.S.C. § 1915A(a). The prisoner must plead an arguable legal and factual basis for each…