(PC) Thomas v. Johnson
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 OTIS MICHAEL THOMAS, No. 2:21-cv-01657-CKD P Plaintiff, v. ORDER L. JOHNSON, et al., Defendants. 16 Plaintiff is a state prisoner proceeding pro se in this civil rights action filed pursuant to 42 U.S.C. § 1983. This proceeding was referred to this court by Local Rule 302 pursuant to 28 U.S.C. § 636(b)(1). On December 13, 2021, the court screened plaintiff’s complaint and dismissed it with leave to amend. ECF No. 4. Plaintiff’s first amended complaint is now before the court for screening. ECF No. 11. As plaintiff was previously advised, 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,…