Harrell

Harrell v. San Jose Police Department

Good Law
United States District Court, Northern District of CaliforniaAugust 21, 20245:23-cv-04839California2,073 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ESHAWN MAURICE HARRELL, Case No. 23-cv-04839-JD

Plaintiff,

ORDER REOPENING CASE AND RE

v. SERVICE

SAN JOSE POLICE DEPARTMENT, et al., Re: Dkt. No. 18 Defendants.

12 Plaintiff, a former detainee, filed a pro se civil rights complaint under 42 U.S.C. § 1983. The case was closed after plaintiff failed to file an amended complaint. Plaintiff has filed an amended complaint and asks to reopen the case. DISCUSSION STANDARD OF REVIEW Federal courts engage in a preliminary screening of cases in which prisoners seek redress from a governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). In its review, the Court must identify any cognizable claims, and dismiss any claims which 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. Id. at 1915A(b)(1),(2). Pro se …

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