CDCR

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 XAVIER LUMAR J’WEIAL, No. 2:21-cv-0712 DB P Plaintiff, v. ORDER CALIFORNIA DEPARTMENT OF

CORRECTIONS AND

REHABILITATION, et al., Defendants. 16 Plaintiff, a state prisoner, proceeds pro se with civil rights claims under 42 U.S.C. § 1983. Plaintiff’s first amended complaint filed on March 3, 2022, is before the court for screening.1 This matter is before the undersigned pursuant to Local Rule 302 and 28 U.S.C. § 636(b)(1). I. Screening and Pleading Standards 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,” that fail to state a claim upon which relief may be granted, or that seek monetary relief from a defendant who is immune from such relief. 28 U.S.C. §…