Sherman

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 IRVIN SHAW, Case No.: 1:21-cv-01318-SKO (PC) Plaintiff,

FINDINGS AND RECOMMENDATIONS TO

v. DISMISS FOR A FAILURE TO STATE A

CLAIM UPON WHICH RELIEF CAN BE

STUART SHERMAN, Warden, GRANTED

Defendant. 14-DAY OBJECTION PERIOD

Clerk of the Court to Assign District Judge

17 Plaintiff Irvin Shaw is proceeding pro se and in forma pauperis in this civil rights action 18 brought pursuant to 42 U.S.C. § 1983. 19 The Court issued its First Screening Order on November 23, 2022. (Doc. 10.) It held 20 Plaintiff failed to state an Eighth Amendment conditions of confinement claim. (Id. at 6-9.) 21 Plaintiff was granted leave to file an amended complaint curing the deficiencies identified in the 22 screening order. (Id. at 10-11.) 23 On January 27, 2023, Plaintiff filed his first amended complaint. (Doc. 14.)

I. SCREENING REQUIREMENT

25 The Court is required to screen complaints brought by prisoners seeking relief…