(PC) Lucero v. State of California

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 TIMOTHY PAUL LUCERO, No. 2:23-cv-2844 KJN P 12 Plaintiff, 13 v. ORDER AND FINDINGS AND

RECOMMENDATIONS

14 STATE OF CALIFORNIA, et al., 15 Defendants. 16 17 Plaintiff is a county prisoner, proceeding without counsel, with a civil rights action 18 pursuant to 42 U.S.C. § 1983. On January 22, 2024, the court dismissed plaintiff’s complaint 19 with leave to amend. (ECF No. 9.) Pending before the court is plaintiff’s amended complaint. 20 (ECF No. 11.) For the reasons stated herein, this court recommends dismissal of this action. 21 Screening Standards 22 The court is required to screen complaints brought by prisoners seeking relief against a 23 governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). The 24 court must dismiss a complaint or portion thereof if the prisoner raised claims that are legally 25 “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek 26 monetary relief…