Potts

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ANTHONY CESAR HERNANDEZ, No. 2:20-cv-1912 WBS CKD P Plaintiff, v. FINDINGS AND RECOMMENDATIONS T. POTTS, et al., Defendants. 16 Plaintiff is a California prisoner proceeding pro se and seeking relief pursuant to 42 U.S.C. § 1983. On January 13, 2021, plaintiff was granted leave to file a second amended complaint. The second amended complaint was filed January 25, 2021. As plaintiff knows, 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 malicious,” that 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)(1), (2). In order to avoid dismissal for failure to state a…