Clemente

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 SHEA MICHAEL HUGHES, No. 2:21-CV-0360-TLN-DMC-P Plaintiff, v. ORDER CLEMENTE, et al., Defendants. 16 Plaintiff, a former prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983. Pending before the Court is Plaintiff’s first amended complaint. See ECF No. 16. The Court is required to screen complaints brought by prisoners seeking relief against a governmental entity or officer or employee of a governmental entity. See 28 U.S.C. § 1915A(a). Screening applies only to “claims brought by individuals incarcerated at the time they file their complaints.” Olivas v. Nevada ex rel. Dep’t of Corr., 856 F.3d 1281, 1282 (9th Cir. 2017). Here, Plaintiff was incarcerated at the time he filed his complaint. The Court must dismiss a complaint or portion thereof if it: (1) is frivolous or malicious; (2) fails to state a claim upon which relief can be granted; or (3) seeks…