Unknown

(PC) Davis v. Unknown

Good Law
United States District Court, Eastern District of CaliforniaSeptember 13, 20242:23-cv-02358California5,092 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DANIEL DAVIS, No. 2:23-cv-2358 DJC CSK P Plaintiff, v. FINDINGS AND RECOMMENDATIONS UNKNOWN, et al., Defendants. 16 17 I. INTRODUCTION Plaintiff is a civil detainee, proceeding without counsel, with a civil rights action pursuant to 42 U.S.C. § 1983. On March 8, 2024, the Court dismissed all claims in the first amended complaint but for the procedural due process claim against defendant Clendenin. (ECF No. 25.) The Court granted plaintiff thirty days to file a second amended complaint or inform the Court of plaintiff’s intent to proceed on the potentially colorable claim against defendant Clendenin raised in the first amended complaint. (Id.) In response to the March 8, 2024 order, plaintiff filed a second amended complaint. (ECF No. 29.) In the instant order, this Court screens the second amended complaint. /// 28 II. SCREENING STANDARDS A claim is legally frivolous when it lacks an arguable basis…

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