Hillberg

1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 REGINALD E. SPEARMAN, No. 2:23-CV-0093-DMC 12 Plaintiff, 13 v. ORDER 14 RONALD W. HILLBERG, et al., 15 Defendants. 16 17 Plaintiff, who is proceeding pro se, brings this civil rights action pursuant to 42 18 U.S.C. § 1983. Pending before this Court is Plaintiff’s complaint, ECF No. 1. 19 The Court must screen complaints brought by prisoners seeking relief against a 20 governmental entity, officer, or employee of a governmental entity. See 28 U.S.C. § 1915A(a). 21 This provision also applies if the plaintiff was incarcerated when the action was initiated even if 22 the litigant was later released from custody. See Olivas v. Nevada ex rel. Dep’t of Corr., 856 23 F.3d 1281, 1282 (9th Cir. 2017). The Court must dismiss a complaint or portion thereof if it: (1) 24 is frivolous or malicious; (2) fails to state a claim upon which relief can be granted; or (3) seeks 25 monetary relief from a defendant who is immune from such relief. See 28 U.S.C. §…