McComas

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 SAM DRAKE, No. 1:22-cv-1149 JLT BAM (PC) Plaintiff, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS AND DISMISSING

v. CERTAIN CLAIMS MCCOMAS, et al., (Doc. 38) Defendants. 16 Sam Drake is a pretrial detainee proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. The assigned magistrate judge screened Plaintiff’s second amended complaint and found Plaintiff stated a cognizable claim for: (1) violation of the First Amendment based on a facial challenge to FCJ Policy #E-120 and #E-410 against Defendants Mims, McComas, and Zanoni; (2) violation of the First Amendment based on an as- applied challenge to FCJ Policy #E-120 and #E-410 against Enriquez, Keoniyom, Nichols, and Snyder; and (3) for violation of Due Process against officers who returned Plaintiff’s mail, Enriquez, Keoniyom, Nichols, and Snyder. (Doc. 38 at 9-14.) The magistrate judge found these were…