Tappen

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JONATHAN WILBANKS, No. 2:21-cv-0026 KJM KJN P Plaintiff, v. FINDINGS AND RECOMMENDATIOINS T. TAPPEN, et al., Defendants. 16 I. Introduction Plaintiff is a state prisoner, proceeding pro se and in forma pauperis. Plaintiff seeks relief pursuant to 42 U.S.C. § 1983. Plaintiff’s second amended complaint is before the court. As discussed below, the undersigned recommends that this action proceed solely as to plaintiff’s Eighth Amendment claim alleging defendant Tappen used excessive force, and the remaining claims against the remaining defendants be dismissed without prejudice. II. 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…