(PC) Adkins v. Austin

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DUPREE LAMONT ADKINS, No. 2:21-cv-00738 DB P Plaintiff, v. ORDER LORI W. AUSTIN, et al., Defendants. 16 Plaintiff, an inmate proceeding pro se and in forma pauperis, seeks relief pursuant to 42 17 U.S.C. § 1983. Plaintiff claims defendants violated his First and Eighth Amendment rights in 18 connection with the cancelation of plaintiff’s mental health treatment group and his subsequent 19 appeal of that cancellation. Presently before the court is plaintiff’s First Amended Complaint 20 (“FAC”) for screening. (ECF No. 12.) 21 For the reasons set forth below, plaintiff will be given opportunity to file an amended 22 complaint.

SCREENING

I. Legal Standards

25 The court is required to screen complaints brought by prisoners seeking relief against a 26 governmental entity or an officer or employee of a governmental entity. See 28 U.S.C. § 27 1915A(a). The court must dismiss a complaint or portion thereof if the prisoner has raised claims 28 that are…