(PC) Smith v. Richardson

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOSEPH E. SMITH, No. 2:19-cv-1605 TLN AC P Plaintiff, v. ORDER S. RICHARDSON, et al., Defendants. 16 Plaintiff, a state prisoner proceeding pro se, seeks relief pursuant to 42 U.S.C. § 1983. By order filed May 5, 2021, the undersigned screened the original complaint and found that it did not state a claim for relief. ECF No. 8. Plaintiff has now filed a first amended complaint. ECF No. 11. 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…