Daram
(PC) Del Toro v. Daram
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 STEVEN DEL TORO, No. 2:22-cv-0725 AC P Plaintiff, v. ORDER AND FINDINGS AND
RECOMMENDATIONS
VASUKI DARAM, et al., Defendants. 16 Plaintiff, a state prisoner proceeding pro se, seeks relief pursuant to 42 U.S.C. § 1983 and state law. Plaintiff has paid the filing fee in this action. By order filed November 29, 2022, the undersigned screened the complaint and found that it stated an Eighth Amendment claim against defendant Daram but failed to state any claims for relief against defendant Antwong or under state law. ECF No. 5. Plaintiff was given the option to proceed on the complaint as screened or to amend the complaint and has now filed a first amended complaint. ECF No. 8. I. Statutory Screening of Prisoner Complaints 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…