Diaz

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DAVID ARKEEN EVANS, Case No. 1:22-cv-00291-ADA-BAM (PC) 12 Plaintiff, FINDINGS AND RECOMMENDATIONS

TO DISMISS CERTAIN CLAIMS AND

13 v. DEFENDANTS 14 DIAZ, et al., (ECF No. 11) 15 Defendants. FOURTEEN (14) DAY DEADLINE 16 17 Plaintiff David Arkeen Evans (“Plaintiff”) is a state prisoner proceeding pro se in this 18 civil rights action under 42 U.S.C. § 1983. Plaintiff’s first amended complaint is currently before 19 the Court for screening. (ECF No. 11.) 20 I. Screening Requirement and Standard 21 The Court is required to screen complaints brought by prisoners seeking relief against a 22 governmental entity and/or against an officer or employee of a governmental entity. 28 U.S.C. 23 § 1915A(a). Plaintiff’s complaint, or any portion thereof, is subject to dismissal if it is frivolous 24 or malicious, if it fails to state a claim upon which relief may be granted, or if it seeks monetary 25 relief from a defendant who is immune from…