Robles

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 7 JUSTIN J. ERBACHER, Case No. 1:23-cv-01194-JLT-BAM (PC) Plaintiff, FINDINGS AND RECOMMENDATIONS

TO DISMISS ACTION, WITH PREJUDICE,

v. FOR FAILURE TO STATE A CLAIM ROBLES, et al., (ECF No. 11) Defendants. FOURTEEN (14) DAY DEADLINE 13 Plaintiff Justin J. Erbacher1 (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis in this civil rights action under 42 U.S.C. § 1983. Plaintiff’s first amended complaint is currently before the Court for screening. (ECF No. 11.) I. Screening Requirement and Standard The Court is required to screen complaints brought by prisoners seeking relief against a governmental entity and/or against an officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). Plaintiff’s complaint, or any portion thereof, is subject to dismissal if it is frivolous or malicious, if it fails to state a claim upon which relief may be granted, or if it seeks monetary 22 …