Burkhart

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 IMMANUEL PRICE, No. 2:22-cv-2306 KJN P Plaintiff, v. ORDER OFFICER BURKHART, Defendant. 16 Plaintiff is a state prisoner, proceeding pro se. On December 28, 2022, defendant properly removed plaintiff’s complaint filed in the Sacramento County Superior Court to this court, paid the filing fee, and asks this court to screen the complaint. As noted by defendant, plaintiff asserts only one claim of action: defendant Burkhart retaliated against plaintiff in violation of the First Amendment. (ECF No. 1 at 2, 10.) As set forth below, plaintiff’s complaint is dismissed with leave to amend. Screening Standards The court is required to screen complaints brought by prisoners seeking relief against a governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). The court must dismiss a complaint or portion thereof if the prisoner raised claims that are legally “frivolous or malicious,”…