Radu

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOSHUA THOMAS NITKIN, Case No. 2:23-cv-01837-JDP (PC) Plaintiff, ORDER v. D. RADU, et al., Defendants. 16 17 18 19 20 Plaintiff, a state prisoner proceeding pro se, seeks to raise a § 1983 claim against defendants Radu and Rutherford for violation of his First and Eighth Amendment rights. For the reasons stated herein, the complaint states First and Eighth Amendment claims against defendant Radu but fails to state a viable claim against Rutherford. Plaintiff may either proceed only against Radu, or he may delay service and file an amended complaint. I will grant plaintiff’s application to proceed in forma pauperis. ECF No. 2.

28 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…