Ross

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

JEREMY DELPHIN, No. 2:19-cv-0317 AC P

Plaintiff,

v. ORDER AND FINDINGS AND

RECOMMENDATIONS

ROSS,

Defendant.

Plaintiff, a state prisoner proceeding pro se and in forma pauperis, seeks relief pursuant to

42 U.S.C. § 1983. His first amended complaint, ECF No. 11, is before the court.

I. Statutory Screening of Prisoner Complaints 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 “frivolous, malicious, or fail[] to state a claim upon which relief may be granted,” or that “seek[] monetary relief from a defendant who is immune from such relief.” 28 U.S.C. § 1915A(b). A claim “is [legally] frivolous when it lacks an arguable basis either in law or in fact.” 25 …