C.D.C.R.
(PC) Valencia v. C.D.C.R.
Opinion
Trial Court Opinion
I. INTRODUCTION
20 The Court issued its First Screening Order on January 3, 2024. (Doc. 6.) The Court 21 determined Plaintiff had failed to state a claim upon which relief could be granted, (Id. at 4-15), 22 and granted Plaintiff leave to file a first amended complaint. (Id. at 15-16.) On January 22, 2024, 23 Plaintiff filed a first amended complaint. (Doc. 7.)
II. SCREENING REQUIREMENT
25 The Court is required to screen complaints brought by prisoners seeking relief against a 26 governmental entity or an officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). 27 The Court must dismiss a complaint or portion thereof if the complaint is frivolous or malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915A(b). The Court should dismiss a complaint if it lacks a cognizable legal theory or fails to allege sufficient facts to support a cognizable legal theory. See Balistreri v. Pacifica Police Dep’t, 901 F.2d 696, 699 (9th Cir. 1990). III. PLEADING REQUIREMENTS A. Federal Rule of Civil Procedure 8(a) “Rule 8(a)’s…