(PC) Donaldson v. Garland

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RICHARD JULIUS DONALDSON, No. 2:21-cv-1178 TLN KJN P Plaintiff, v. FINDINGS AND RECOMMENDATIONS MERRICK GARLAND, et al., Defendants. 16 Plaintiff is a federal prisoner proceeding with a civil rights action under Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971). In his amended complaint, plaintiff included a claim against Lt. Potichkin, alleging that Potichkin interfered with plaintiff’s medical care in violation of the Eighth Amendment. As discussed below, the undersigned recommends that plaintiff’s Bivens claims against defendant Potichkin be dismissed with prejudice. Screening 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…