Hillberg

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