Walker
Walker v. Mettu
Opinion
Trial Court Opinion
INTRODUCTION
Jerry Walker, a state prisoner at San Quentin Rehabilitation Center, proceeding pro se, filed a civil rights complaint pursuant to 42 U.S.C. § 1983. Plaintiff has been granted leave to proceed in forma pauperis. The complaint is now before the Court for review pursuant to 28 U.S.C. § 1915A(a). Plaintiff states a cognizable Eighth Amendment claim against Defendant Mettu and service is ordered on this Defendant. Once Defendant appears, this case will be referred for mediation to the Northern District of California Pro Se Prisoner Mediation Program.
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, a 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. See id. § 1915A(b)(1), (2). Pro se pleadings must be liberally construed. See Balistreri v. Pacifica Police Dep’t, 901 F.2d 696, 699 (9th Cir.…