(PC) Holestine v. California Substance Abuse Treatment Facility

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ERNEST KELLY HOLESTINE, No. 2:18-cv-0796 AC P Plaintiff, v. ORDER CALIFORNIA SUBSTANCE ABUSE TREATMENT FACILITY, et al., 15 Defendants.

17 Plaintiff, a state prisoner proceeding pro se and in forma pauperis, has filed this civil 18 rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States 19 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 Before this court for review is plaintiff’s second amended complaint (“SAC”). ECF No. 21 14. For the reasons stated below, the court will direct the SAC to be served on the named 22 defendants.

I. SCREENING REQUIREMENT

24 The court is required to screen complaints brought by prisoners seeking relief against a 25 governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). The 26 court must dismiss a complaint or portion thereof if the prisoner has raised claims that are legally 27 //// 28 “frivolous or malicious,” that fail to state a claim…