Burton

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 DON ANGELO DAVIS, No. 2:20-cv-1260 DB P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

ROBERT BURTON, Warden, Defendant. 15 Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff claims that his Eighth Amendment rights were violated. Presently before the court is plaintiff’s fourth amended complaint (ECF No. 23) for screening. For the reasons set forth below, the court will recommend that this action be dismissed without prejudice. SCREENING I. Legal Standards The court is required to screen complaints brought by prisoners seeking relief against a governmental entity or an officer or employee of a governmental entity. See 28 U.S.C. § 1915A(a). The court must dismiss a complaint or portion thereof if the prisoner has raised claims that are legally “frivolous or malicious,” that fail to state a claim upon…