Frary

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 3 DANIEL ROBERT FRARY, Case No. 22-cv-06058-WHO (PR)

Plaintiff,

ORDER OF DISMISSAL

v.

GREGORY J. AHERN, Defendant.

9 INTRODUCTION Plaintiff Daniel Robert Frary alleges in his 42 U.S.C. § 1983 complaint that he was placed in the Santa Rita Jail multipurpose room without access to a toilet for four and half hours. However, his allegations do not contain sufficient facts showing a deprivation substantial enough to violate the Eighth Amendment. Furthermore, there is no indication he exhausted his administrative remedies before filing suit. Accordingly, this civil rights action is DISMISSED. DISCUSSION A. Standard of Review A federal court must conduct a preliminary screening in any case in which a prisoner seeks redress from a governmental entity or officer or employee of a governmental entity. See 28 U.S.C. § 1915A(a). In its review, the court must identify any cognizable claims and dismiss any claims that are…