Reyersbach

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 UBALDO MIO GUTIERREZ, Case No. 2:22-cv-01492-TLN-JDP (PC) Plaintiff,

v. ORDER

P. REYERSBACH, et al.,

15 Defendants. 16 Plaintiff Gutierrez, a prisoner proceeding without counsel in this civil rights action under 42 U.S.C. § 1983, alleges several violations of his constitutional rights. ECF No. 11. I previously found that plaintiff’s prior complaint stated a claim for retaliation against defendant Carrillo and otherwise failed to state a claim. ECF No. 6. Plaintiff’s first amended complaint suffers from the same defects. Plaintiff may either proceed only with his claim against defendant Carrillo or delay service and amend his complaint a second time. If plaintiff’s second amended complaint does not cure the defects identified below, I will recommend that his non-cognizable claims be dismissed. Screening and Pleading Requirements A federal court must screen a prisoner’s complaint that seeks relief against a…