(PC) Fuentes v. Mule Creek State Prison

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DAVID FUENTES, SR., No. 2:23-cv-0386 KJN P Plaintiff, v. ORDER MULE CREEK STATE PRISON, et al., Defendants. 16 Plaintiff is a former state prisoner, proceeding pro se and in forma pauperis. Plaintiff’s amended complaint is before the court. As discussed below, plaintiff’s amended complaint is dismissed with leave to amend. Screening Standards 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 court must dismiss a complaint or portion thereof if the prisoner raised claims that are legally “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915A(b)(1), (2). A claim is legally frivolous when it lacks an arguable basis either in law or in fact. Neitzke…