McComber

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 GENE PAUL WHEATON, Case No. 2:22-cv-01434-JDP (PC) Plaintiff, ORDER v. J. MCCOMBER, et al., Defendants. 15 16 17 18 19 Plaintiff, a state prisoner, has filed a third amended complaint alleging that defendants violated his Eighth Amendment rights by assigning him an “R-Suffix” prisoner classification, thereby causing him to be attacked by unknown assailants. ECF No. 18 at 3. This allegation fails to state a cognizable claim; I will give plaintiff one final opportunity to amend before recommending that this action be dismissed.

26 27 28 1 Screening Order I. Screening and Pleading Requirements A federal court must screen a prisoner’s complaint that seeks relief against a governmental entity, officer, or employee. See 28 U.S.C. § 1915A(a). The court must identify any cognizable claims and dismiss any portion of the complaint that is frivolous or malicious, fails to state a claim upon which relief may…