Wong

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DWAYNE MONTGOMERY, No. 2:20-cv-1515 DB P Plaintiff, v. ORDER SAM WONG, et al., Defendants. 16 Plaintiff, a state prisoner, proceeds pro se and seeks relief under 42 U.S.C. § 1983. On November 12, 2020, the court screened plaintiff’s complaint and gave plaintiff the option of proceeding on that complaint as screened or filing an amended complaint attempting to cure the deficiencies identified therein. Plaintiff filed a first amended complaint on January 11, 2021. (ECF No. 11.) Plaintiff’s first amended complaint is before the court for screening. See 28 U.S.C. § 1915(e)(2)(B)(ii) (“[T]he court shall dismiss the case at any time if the court determines that . . . the action or appeal . . . fails to state a claim upon which relief may be granted.”). I. PLEADING STANDARDS To state a claim under 42 U.S.C. § 1983, a plaintiff must allege two essential elements: (1) that a right secured by the Constitution or laws of the…