(PC) Davis v. County of Sacramento

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DEMETRIUS DAVIS, No. 2:19-cv-1960 TLN AC P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

COUNTY OF SACRAMENTO, et al., Defendants. 16 Plaintiff, a county inmate proceeding pro se, seeks relief pursuant to 42 U.S.C. § 1983. The Second Amended Complaint (SAC), ECF No. 11, is before the court for screening. The previously issued Findings and Recommendations, ECF No. 10, which recommended dismissal for failure to prosecute, were filed before the SAC was docketed and will be vacated. I. Statutory Screening of Prisoner Complaints 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 “frivolous, malicious, or fail[] to state a claim upon which relief may be granted,” or that “seek[] 26 …