Carter

DISCUSSION

I. Preliminary Review of Complaint

18 A federal court must conduct a preliminary screening in any case in which a prisoner seeks 19 redress from a governmental entity or officer or employee of a governmental entity. 28 U.S.C. 20 § 1915A(a). In its review, the court must identify any cognizable claims and dismiss any claims 21 that are frivolous, malicious, fail to state a claim upon which relief may be granted or seek 22 monetary relief from a defendant who is immune from such relief. Id. § 1915A(b)(1), (2). Pro se 23 pleadings must be liberally construed. Balistreri v. Pacifica Police Dep't, 901 F.2d 696, 699 (9th 24 Cir. 1988). 25 Federal Rule of Civil Procedure 8(a)(2) requires only “a short and plain statement of the 26 claim showing that the pleader is entitled to relief.” “Specific facts are not necessary; the 27 which it rests.’” Erickson v. Pardus, 551 U.S. 89, 93 (2007). However, a complaint must proffer “enough facts to state a claim to relief that is plausible on its face.” Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570 (2007). To state a claim under 42 U.S.C. § 1983, a plaintiff must allege two essential elements:…