Leckie

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DARREN SCOTT HULBERT, No. 2:22-cv-00082 AC 12 Plaintiff, 13 v. ORDER 14 F. LECKIE, et al., 15 Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se and in forma pauperis, seeks relief pursuant to 18 42 U.S.C. § 1983. 19 I. Statutory Screening of Prisoner Complaints 20 As plaintiff was previously informed, the court is required to screen complaints brought 21 by prisoners seeking relief against “a governmental entity or officer or employee of a 22 governmental entity.” 28 U.S.C. § 1915A(a). The court must dismiss a complaint or portion 23 thereof if the prisoner has raised claims that are “frivolous, malicious, or fail[] to state a claim 24 upon which relief may be granted,” or that “seek[] monetary relief from a defendant who is 25 immune from such relief.” 28 U.S.C. § 1915A(b). 26 A claim “is [legally] frivolous where it lacks an arguable basis either in law or in fact.” 27 Neitzke v. Williams, 490 U.S. 319, 325 (1989); Franklin v.…