Tally
(PC) Venable v. Tally
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MAURICE L. VENABLE, Case No. 2:24-cv-01779-JDP (PC) Plaintiff, ORDER v. GRANTING PLAINTIFF’S APPLICATION
TO PROCEED IN FORMA PAUPERIS
TALLY, ECF No. 2 Defendant.
SCREENING ORDER
FINDING THAT THE COMPLAINT FAILS
TO STATE A COGNIZABLE CLAIM AND
GRANTING LEAVE TO AMEND
18 ECF No. 1 19 20 Plaintiff, a state prisoner, brings this action against defendant Tally and alleges that she 21 violated his Eighth Amendment rights by using excessive force against him. ECF No. 1 at 3-5. 22 The complaint, taken as true, fails to state an Eighth Amendment excessive force claim, however. 23 I will give plaintiff an opportunity to amend before recommending this action be dismissed. I 24 will also grant his application to proceed in forma pauperis. ECF No. 2.
28 Screening Order I. Screening and Pleading Requirements A federal court must screen a prisoner’s complaint that…