Hosey

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

EDWARD VINCENT RAY, JR., 1:20-cv-01076-DAD-GSA-PC

Plaintiff, ORDER DISMISSING COMPLAINT FOR

FAILURE TO STATE A CLAIM, WITH

vs. LEAVE TO AMEND (ECF No. 1.) HOSEY, et al.,

THIRTY-DAY DEADLINE TO FILE

Defendants. FIRST AMENDED COMPLAINT

18 I. BACKGROUND Edward Vincent Ray, Jr. (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis with this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed the Complaint commencing this action on August 4, 2020. (ECF No. 1.) The Complaint is now before the Court for screening. 28 U.S.C. § 1915. II. SCREENING REQUIREMENT 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). The Court must dismiss a complaint or portion thereof if the prisoner has raised claims that are legally “frivolous or malicious,”…