(PC) Hicks v. Miller

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DARYL ANTHONY HICKS, No. 2:20-cv-2080 KJN P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

PATRICK COVELLO, et al., Defendants. 16 Plaintiff, a state prisoner, proceeds pro se and in forma pauperis with a civil rights complaint under 42 U.S.C. § 1983. By separate order, the court ordered service of process on plaintiff’s second amended complaint as to plaintiff’s Eighth Amendment claim against defendant Miller. As discussed below, the undersigned finds that plaintiff’s claims against the remaining defendants, as well as plaintiff’s property claims against defendant Miller, should be dismissed. Screening Standards 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 legally “frivolous or…