Peterson

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 MARKICE POYNTER, No. 2:21-cv-0012-EFB P Plaintiff, v. ORDER B. PETERSON, et al., Defendants. 15 Plaintiff is a state prisoner proceeding without counsel in this action brought pursuant to 42 U.S.C. § 1983. He commenced this action with a complaint filed on January 4, 2021. ECF No. 1. Thereafter, on January 26, 2021, plaintiff filed another complaint. ECF No. 6. The court screened the second of the complaints pursuant to 28 U.S.C. § 1915A and dismissed it with leave to amend for failure to state a claim. ECF No. 8. Plaintiff has since informed the court that he did not intend to amend his original complaint by way of the January 26, 2021 filing and that he wishes instead, to proceed on his original complaint. ECF No. 14. As discussed below, plaintiff’s original complaint also fails to state a claim upon which relief could be granted. /////

1 Federal courts must engage in a preliminary screening of cases in…