CDCR

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 11 MORIANO MILLARE, No. 2: 22-cv-1862 DJC KJN P Plaintiff, v. FINDINGS AND RECOMMENDATIONS CDCR, et al., Defendants. 17 Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant to 42 U.S.C. § 1983. Pending before the court is plaintiff’s fourth amended complaint. (ECF No. 24.) For the reasons stated herein, the undersigned recommends dismissal of all claims except for the Eighth Amendment and negligence claims against defendants Reynolds, Woods and Chavarria discussed herein. Legal Standard for Screening 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…