McComas

1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 SAM DRAKE, Case No. 1:22-cv-01149-JLT-BAM (PC) 10 Plaintiff,

FINDINGS AND RECOMMENDATIONS

11 v. REGARDING DISMISSAL OF CERTAIN

CLAIMS

12 IBAL, et al., (ECF No. 37) 13 Defendants.

FOURTEEN (14) DAY DEADLINE

14

15 Plaintiff Sam Drake (“Plaintiff”) is a pretrial detainee proceeding pro se and in forma 16 pauperis in this civil rights action under 42 U.S.C. § 1983. The Court screened Plaintiff’s 17 complaint, and he was granted leave to amend. The Court screened Plaintiff’s first amended 18 complaint which stated cognizable claims. Following Plaintiff’s motion to amend, and granting 19 of that motion, Plaintiff’s second amended complaint, filed November 2, 2023 is currently before 20 the Court for screening. (ECF No. 37.) 21

I. Screening Requirement and Standard

22 The Court is required to screen complaints brought by prisoners seeking relief against a 23 governmental entity and/or against an officer or employee of a governmental entity. 28 U.S.C. 24 § 1915A(a). …