Dodd

I. BACKGROUND

22 Marcus J. Moore (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis 23 with this civil rights action pursuant to 42 U.S.C. § 1983. On September 15, 2020, Plaintiff filed 24 the Complaint commencing this action. (ECF No. 1.) On November 8, 2021, the Court dismissed 25 the Complaint for failure to state a claim, with leave to amend. (ECF No. 13.) On December 10, 26 2021, Plaintiff filed the First Amended Complaint, which is now before the court for screening. 27 28 U.S.C. § 1915. 28 1 II. SCREENING REQUIREMENT 2 The Court is required to screen complaints brought by prisoners seeking relief against a 3 governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). The 4 Court must dismiss a complaint or portion thereof if the prisoner has raised claims that are legally 5 “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek 6 monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915A(b)(1),(2). 7 “Notwithstanding any filing fee, or any portion thereof, that may have been paid, the court shall 8 dismiss the case at any time…