Shmary

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 AKIVA AVIKAIDA ISRAEL, No. 2:21-cv-0262-TLN-EFB P Plaintiff, v. ORDER RABBI SHMARY, et al., Defendants. 16 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 U.S.C. § 1983. She has filed an amended complaint (ECF No. 22) which the court must screen.1 In the amended complaint, plaintiff alleges that Rabbi Shmary and Shmary’s supervisor, Lance Eshelman, unreasonably delayed the approval of plaintiff’s request for a Kosher diet plan. ECF No. 22 at 4, 7. As a result, plaintiff, who is Jewish, was made “to consume unclean meals on . . . the Holiest Days in Judaism: Yom Kippur and Rosh Hashanah.” Id. at 4. Plaintiff further alleges she is gay and transgender. Id. at 5. While her request for a Kosher diet was pending, Shmary allegedly “made comments indicative of a homophobic

1 Federal courts must engage in a preliminary screening of cases in which prisoners seek redress…