Tamayo

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 7 SERGIO TAMAYO, Case No. 23-cv-01749-VKD

Plaintiff,

ORDER SCREENING COMPLAINT

v. PURSUANT TO 28 U.S.C. § 1915A;

GRANTING LEAVE TO AMEND

J. GARCIA, et al.,

Defendants.

13 Pro se plaintiff Sergio Tamayo, a state prisoner, filed a complaint asserting claims for violations of his constitutional rights under 42 U.S.C. § 1983 against several correctional officers at the Pelican Bay State Prison (“PBSP). Dkt. No. 7. Mr. Tamayo’s motion for leave to proceed in forma pauperis has already been granted. Dkt. Nos. 3, 13. I. BACKGROUND The following facts are based on the allegations in Mr. Tamayo’s complaint. Mr. Tamayo is currently confined at High Desert State Prison. Dkt. No. 7 at 4 ¶ 1. He was previously incarcerated at PBSP. Id. at 5 ¶ 5. According to Mr. Tamayo’s complaint, on February 17, 2022, defendant J. Garcia began “taunting/harassing” him, and “intentionally and 23 …