Gutierrez

(PC) Carey v. Gutierrez

Good Law
United States District Court, Eastern District of CaliforniaAugust 27, 20242:24-cv-02035California2,134 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL D. CAREY, No. 2:24-cv-2035 CSK P Plaintiff, v. ORDER S. GUTIERREZ, Defendant. 16 Plaintiff is a county jail inmate proceeding pro se and in forma pauperis. Plaintiff seeks relief pursuant to 42 U.S.C. § 1983. On August 1, 2024, the Court dismissed plaintiff’s complaint with leave to amend. (ECF No. 4.) On August 19, 2024, plaintiff filed an amended complaint. (ECF No. 7.) As discussed below, plaintiff’s amended complaint is dismissed with leave to amend. I. SCREENING STANDARDS The court is required to screen complaints brought by prisoners seeking relief against a governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). The court must dismiss a complaint or portion thereof if the prisoner raised claims that are legally “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek monetary relief from a defendant who is…

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