(PC) Martirosyan v. St. Andre

Good Law
United States District Court, Eastern District of CaliforniaAugust 16, 20242:23-cv-01382California2,087 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RAFAEL MARTIROSYAN, No. 2:23-cv-01382-DAD-EFB (PC) Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

DOE DEFENDANTS, et al.,

Defendants. 16 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 U.S.C. § 1983. He filed a first amended complaint (FAC) which the court dismissed on screening for failure to state a cognizable claim. ECF No. 11. He has since filed a second amended complaint, and defendant has filed a motion requesting that the court screen it. ECF Nos. 16, 17. For the reasons that follow the second amended complaint must be dismissed. I. Legal Standard Federal courts must 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. The court must identify cognizable claims or dismiss the complaint, or any portion of the complaint, if the complaint…

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