Allison

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JAMES MICHAEL FAYED, No. 2:21-cv-02041 DB P Plaintiff, v. ORDER KATHLEEN ALLISON, Defendant. 16 Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff claims that defendants violated his due process rights when they took restitution payments from his account. Before the court is plaintiff’s Second Amended Complaint (“SAC”) for screening. (ECF No. 29.) For the reasons stated below, the SAC will be dismissed with leave to amend. SCREENING I. Legal Standards The court is required to screen complaints brought by prisoners seeking relief against a governmental entity or an officer or employee of a governmental entity. See 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 or malicious,” that fail to state a claim upon which relief…