(PC)Johnson

(PC)Johnson v. Lynch

Good Law
United States District Court, Eastern District of CaliforniaJune 5, 20232:21-cv-01841California2,523 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JULIAN JOHNSON, No. 2:21-cv-01841 DB P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

JEFF LYNCH, et al., Defendants. 16 Plaintiff is a state prisoner proceeding pro se with a civil rights action under 42 U.S.C. § 1983. Plaintiff alleges an Eighth Amendment violation arising out of a slip and fall incident in December 2019. Before the court is plaintiff’s second amended complaint for screening (ECF No. 15). For the reasons set forth below, the undersigned will recommend that the second amended complaint be dismissed without leave to amend. I. Legal Standards for Civil Rights Complaints The court is required to screen complaints brought by prisoners seeking relief against a governmental entity or an officer or employee of a governmental entity. See 28 U.S.C. § 1915A(a). The court must dismiss a complaint or portion thereof if the prisoner has raised claims that are legally “frivolous or…

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