Moreno

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DWAYNE STEVEN MONTGOMERY, No. 2:22-cv-00127 DAD EFB (PC) Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

J. MORENO, et al., Defendants. 16 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 U.S.C. § 1983. After the court dismissed both the original complaint and amended complaint pursuant to 28 U.S.C. § 1915A for failure to state a claim (ECF Nos. 9 & 15), the court “in an abundance of caution” gave plaintiff leave to file a second amended complaint in an attempt to state a cognizable claim. ECF No. 15 at 4. Plaintiff has now filed a second amended complaint (ECF No. 22, “SAC”), which the court screens herein.1 2 23 1 Federal courts must engage in a preliminary screening of cases in which prisoners seek redress from a governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). The court must identify cognizable claims or dismiss the complaint, or any portion 25…