(PC) Delgado v. Smith

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KENNETH R. DELGADO, No. 2:21-cv-1118 CKD P Plaintiff, v. ORDER CHRISTOPHER SMITH, et al., Defendants. 16 Plaintiff is a state prisoner proceeding pro se and seeking relief pursuant to 42 U.S.C. § 1983. On September 8, 2021, the court dismissed plaintiff’s complaint and granted plaintiff leave to file an amended complaint. Plaintiff has now filed an amended complaint. 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). Having conducted the required screening, the court finds that plaintiff may proceed on claims arising under the Eighth Amendment against defendants Omari and Kahlon. The other claims are vague and are not claims upon which plaintiff can proceed. At this point, plaintiff has two options: 1) proceed on Eighth Amendment claims against defendants Omari and Kahlon; or 2) 26 …