(PC) Whitsitt v. San Joaquin County Mental Health

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 WILLIAM J. WHITSITT, No. 2:22-cv-00356-WBS-CKD 12 Plaintiff, 13 v. ORDER 14 SAN JOAQUIN COUNTY MENTAL HEALTH, et al., 15 Defendants. 16

17 18 Plaintiff is a county prisoner proceeding pro se and seeking relief pursuant to 42 U.S.C. § 19 1983. This proceeding was referred to this court by Local Rule 302 pursuant to 28 U.S.C. § 20 636(b)(1). 21 On May 11, 2022, the court dismissed plaintiff’s first amended complaint, but granted him 22 leave to amend. ECF No. 11. Plaintiff’s second amended complaint is now before the court for 23 screening pursuant to 28 U.S.C. § 1915A. 24 I. Screening Requirement 25 The court is required to screen complaints brought by prisoners seeking relief against a 26 governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). The 27 court must dismiss a complaint or portion thereof if the prisoner has raised claims that are legally 28 “frivolous or malicious,” that fail to state a claim upon which relief…