Auld

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 SCOTT FRANK FIALHO, No. 2:21-cv-1698 DB P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

AULD, et al., Defendants. 16 Plaintiff is a state prisoner proceeding pro se. Before the court is plaintiff’s complaint for screening and plaintiff’s motion to proceed in forma pauperis. For the reasons set forth below, this court grants plaintiff’s motion to proceed in forma pauperis, grants petitioner leave to file an amended complaint based on his Eighth Amendment claims, and recommends his claims based on the Health Insurance Portability and Accountability Act and on California regulations be dismissed with prejudice. IN FORMA PAUPERIS Plaintiff has submitted a declaration that makes the showing required by 28 U.S.C. § 1915(a). Accordingly, the request to proceed in forma pauperis will be granted. Plaintiff is required to pay the statutory filing fee of $350.00 for this action. 28…