DePonte

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 5 DAVID ARTHUR DEPONTE, Case No. 23-cv-03813-JD

Plaintiff,

ORDER RE DISMISSAL

v.

MIRNA BIERMAN, et al., Defendants.

11 Plaintiff, a state prisoner, filed a pro se civil rights complaint under 42 U.S.C. § 1983. The amended complaint was dismissed with leave to amend plaintiff filed a second amended complaint. DISCUSSION STANDARD OF REVIEW Federal courts engage in a preliminary screening of cases in which prisoners seek redress from a governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). In its review, the Court must identify any cognizable claims, and dismiss any claims which are frivolous, malicious, fail to state a claim upon which relief may be granted, or seek monetary relief from a defendant who is immune from such relief. Id. at 1915A(b)(1),(2). Pro se pleadings must be liberally construed. Balistreri v. Pacifica Police Dep’t, 901 F.2d 696, 699 (9th Cir. 1990). Federal…