(PC) Hayes v. Fairfield City Police Department

1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LAWRENCE P. HAYES, No. 2:23-CV-2380-DMC-P 12 Plaintiff, 13 v. ORDER 14 FAIRFIELD CITY POLICE

DEPARTMENT,

15 Defendant. 16

17 18 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 19 42 U.S.C. § 1983. Pending before the Court is Plaintiff’s first amended complaint. See ECF No. 20 6. 21 The Court is required to screen complaints brought by prisoners seeking relief 22 against a governmental entity or officer or employee of a governmental entity. See 28 U.S.C. 23 § 1915A(a). This provision also applies if the plaintiff was incarcerated at the time the action was 24 initiated even if the litigant was subsequently released from custody. See Olivas v. Nevada ex rel. 25 Dep’t of Corr., 856 F.3d 1281, 1282 (9th Cir. 2017). The Court must dismiss a complaint or 26 portion thereof if it: (1) is frivolous or malicious; (2) fails to state a claim upon which relief can 27 be granted; or (3) seeks monetary relief from a defendant…