(PC)Mitchell

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GREGORY D. MITCHELL, Jr., No. 2:21-cv-1475-KJM-EFB P Plaintiff, v. ORDER DANIEL E. CUEVA, Warden, Defendant. 16 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 U.S.C. § 1983. Following the dismissal of his original complaint on screening1 (ECF No. 7), plaintiff has filed an amended complaint (ECF No. 10), which the court must now screen. Plaintiff’s amended complaint alleges that California Penal Code § 3051(h) is being unconstitutionally applied to him in violation of his right to due process and equal protection, and to be free from cruel and unusual punishment. As discussed below, plaintiff’s amended complaint must be dismissed with leave to amend for failure to state a claim upon which relief could be granted.

1 Federal courts must engage in a preliminary screening of cases in which prisoners seek redress from a governmental entity or officer or employee of a governmental entity. …