Murillo
Murillo v. Smith
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 JOAQUIN DANIEL MURILLO, Case No. 23-cv-06327-JST
Plaintiff,
ORDER OF DISMISSAL WITH LEAVE
v. TO AMEND
STEVEN SMITH, et al., Defendants.
12 Plaintiff, an inmate at Pelican Bay State Prison (“PBSP”), has filed a pro se action pursuant to 42 U.S.C. § 1983. His complaint (ECF No. 8) is now before the Court for review pursuant to 28 U.S.C. § 1915A. Plaintiff has been granted leave to proceed in forma pauperis in a separate order. DISCUSSION A. Standard of Review A federal court must conduct a preliminary screening in any case in which a prisoner seeks redress from a governmental entity or officer or employee of a governmental entity. See 28 U.S.C. § 1915A(a). In its review, the court must identify any cognizable claims and dismiss any claims that are frivolous, malicious, fail to state a claim upon which relief may be granted or seek monetary relief from a defendant who is immune from such relief. …