Burton

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 ROBERT MAURICIO PENATE, Case No. 2:22-cv-00329-JDP (PC) Plaintiff, ORDER GRANTING PLAINTIFF’S

APPLICATION TO PROCEED IN FORMA

v. PAUPERIS R. BURTON, ECF No. 2 Defendant. SCREENING ORDER THAT PLAINTIFF: (1) STAND BY HIS COMPLAINT

SUBJECT TO A

RECOMMENDATION THAT IT BE

DISMISSED; OR

17 (2) FILE AN AMENDED COMPLAINT 18 ECF No. 1

THIRTY-DAY DEADLINE

21 22 Plaintiff, a state prisoner, alleges that Warden Burton of the California Health Care Facility violated his Eighth Amendment rights by failing to hire enough respiratory therapists. ECF No. 1 at 3. That claim is, as stated, non-cognizable. I will give plaintiff leave to amend his complaint before recommending it be dismissed. I will also grant his application to proceed in forma pauperis. 28 Screening Order I. Screening and Pleading…