(PC)Vera

(PC)Vera v. Warden

Good Law
United States District Court, Eastern District of CaliforniaJune 10, 20241:22-cv-00893California9,654 words

Opinion

Trial Court Opinion

I. INTRODUCTION

18 The Court issued its Order Regarding Plaintiff’s First Amended Complaint on November 19 21, 2023. (Doc. 51.) The Court found Plaintiff’s first amended complaint violated Rules 18 and 20 20 of the Federal Rules of Civil Procedure and the Court’s prior screening order. (Id. at 4-8.) 21 Plaintiff was granted “one final opportunity” to file an amended complaint curing the deficiencies 22 identified in that order and in the Court’s April 26, 2023, order. (Id. at 8-10.) 23 Following extensions of time, Plaintiff timely filed a second amended complaint on March 24 20, 2024. (Doc. 61.)

II. SCREENING REQUIREMENT

26 The Court is required to screen complaints brought by prisoners seeking relief against a 27 governmental entity or an officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). 28 The Court must dismiss a complaint or portion thereof if the complaint is frivolous or malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915A(b). The Court should dismiss a complaint if it lacks a cognizable legal theory or fails to allege sufficient…

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