Scally

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 TONY EUGENE SCALLY, Case No.: 22cv0182-DMS (MDD)

CDCR #G-67776,

Plaintiff, ORDER SCREENING FIRST vs. AMENDED COMPLAINT

PURSUANT TO 28 U.S.C.

CALIFORNIA DEPARTMENT OF

§§ 1915(e)(2)(B) & 1915A(b)

CORRECTIONS AND

REHABILITATION and

CORRECTIONAL OFFICERS

A. FLORES and E. VEGA,

18 Defendants. 20 On February 7, 2022, Plaintiff Tony Eugene Scally, a state prisoner proceeding pro se, filed a Complaint pursuant to 42 U.S.C. § 1983. (ECF No. 1.) He claimed violations of his Fifth, Eighth and Fourteenth Amendment rights to due process, equal protection and to be free from cruel and unusual punishment, as well as negligence under state law, based on allegations he was found guilty of a prison disciplinary infraction for a false charge of possession of a deadly weapon which resulted in loss of custody credits, an administrative segregation placement, and referral for…