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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 EARNEST S. HARRIS, Case No. 1:19-cv-01338-AWI-JLT (PC)

Plaintiff, ORDER GRANTING DEFENDANT’S

REQUEST FOR SCREENING

v. (Doc. 52) D. NEVE,

FINDINGS AND RECOMMENDATIONS

Defendant. TO DISMISS CERTAIN CLAIMS

(Doc. 51)

21-DAY DEADLINE

18 On July 13, 2021, the Court granted Plaintiff leave to file a third amended complaint. (Doc. 47.) Plaintiff filed a third amended complaint on August 10, 2021. (Doc. 51.) Defendant requests that the Court screen the complaint. (Doc. 52.) Because screening is mandatory under 28 U.S.C. § 1915A(a), the Court grants Defendant’s request. Upon screening, the Court finds that Plaintiff’s third amended complaint states cognizable claims of retaliation and excessive force, but its remaining claims are not cognizable. Because Plaintiff has received three opportunities to amend, the Court finds that further amendment would be futile. See Akhtar…