CALPIA

(PC) Smith v. CALPIA

Good Law
United States District Court, Eastern District of CaliforniaOctober 1, 20242:24-cv-00117California931 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 PATRICK SMITH, Case No. 2:24-cv-00117-KJM-JDP (PC) Plaintiff, FINDINGS AND RECOMMENDATIONS v. THAT THIS ACTION BE DISMISSED FOR

FAILURE TO STATE A COGNIZABLE

CALPIA, et al., CLAIM Defendants. ECF No. 13 FOURTEEN DAY DEADLINE 17 Plaintiff, a state prisoner, brings this action alleging that defendants violated his rights by negligently maintaining a hot water dispenser, causing him to suffer burns to his left forearm. ECF No. 13 at 3. For the reasons stated below, plaintiff’s claim is not cognizable, and should be dismissed without leave to amend. Screening Order I. Screening and Pleading Requirements A federal court must screen a prisoner’s complaint that seeks relief against a governmental entity, officer, or employee. See 28 U.S.C. § 1915A(a). The court must identify any cognizable claims and dismiss any portion of…

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