Wise
(PC) Gonzalez v. Wise
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL HERNANDEZ GONZALEZ, No. 1:23-cv-01501-NODJ-BAM (PC) Plaintiff, FINDINGS AND RECOMMENDATIONS TO
DISMISS ACTION, WITH PREJUDICE, FOR
v. FAILURE TO STATE A CLAIM WISE, et al., (ECF No. 26) Defendants. FOURTEEN (14) DAY DEADLINE 16 Plaintiff Michael Hernandez Gonzalez is a state prisoner proceeding pro se and in forma 17 pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. The court screened Plaintiff’s 18 complaint, and Plaintiff was granted leave to amend. Plaintiff’s first amended complaint is before 19 the Court for screening. (ECF No. 1.)
I. Screening Requirement and Standard
21 The Court is required to screen complaints brought by prisoners seeking relief against a 22 governmental entity and/or against an officer or employee of a governmental entity. 28 U.S.C. 23 § 1915A(a). Plaintiff’s complaint, or any portion thereof, is subject to dismissal if it is frivolous 24 or malicious, if it fails to state a claim upon…