Kernan
(PC) Florence v. Kernan
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 6 DAVID FLORENCE, Case No. 1:19-cv-00331-NONE-BAM (PC) Plaintiff, FINDINGS AND RECOMMENDATIONS
RECOMMENDING DISMISSAL OF
v. ACTION, WITH PREJUDICE, FOR FAILURE
TO STATE A CLAIM
KERNAN, et al., (ECF No. 46) Defendants.
FOURTEEN (14) DAY DEADLINE
12 Plaintiff David Florence (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis in this civil rights action under 42 U.S.C. § 1983. Plaintiff’s second amended complaint, filed August 30, 2021, (ECF No. 46), is currently before the Court for screening. I. Screening Requirement and Standard The Court is required to screen complaints brought by prisoners seeking relief against a governmental entity and/or against an officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). Plaintiff’s complaint, or any portion thereof, is subject to dismissal if it is frivolous or malicious, if it fails to state a claim upon which relief may be granted, or if it…