Icban
(PC) Porter v. Icban
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KEVIN LAMAR PORTER, No. 2:24-cv-0696 SCR P Plaintiff, v. ORDER AND FINDINGS AND
RECOMMENDATIONS
T. ICBAN, et al., Defendants. 16 Plaintiff, a state prisoner proceeding pro se, filed this civil rights action under 42 U.S.C. §1983. Before the court is plaintiff’s first amended complaint for screening and plaintiff’s motion for preliminary injunctive relief. For the reasons set forth below, this court dismisses the first amended complaint with leave to amend and recommends plaintiff’s motion for preliminary injunctive relief be denied. SCREENING I. Legal Standards As described in the court’s prior screening order, the court is required to screen complaints brought by prisoners to determine whether they sufficiently state claims under 42 U.S.C. § 1983. 28 U.S.C. § 1915A(a). The prisoner must plead an arguable legal and factual basis for each claim in order to survive dismissal. …