Mayhew

(PC) Calderon v. Mayhew

Good Law
United States District Court, Eastern District of CaliforniaDecember 2, 20242:23-cv-00689California3,162 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JACK LEE CALDERON, No. 2:23-cv-0689 AC P Plaintiff, v. ORDER J. MAYHEW, et al., Defendants. 16 Plaintiff is a state inmate who filed this civil rights action pursuant to 42 U.S.C. § 1983 without a lawyer. After requesting leave to amend the complaint, plaintiff was given an opportunity to file an amended complaint and advised that if he failed to do so the court would proceed to screen the original complaint. ECF No. 21. The time for filing an amended complaint has passed, and plaintiff has not filed an amended complaint. I. Statutory Screening of Prisoner Complaints The court is required to screen complaints brought by prisoners seeking relief against “a governmental entity or officer or employee of a governmental entity.” 28 U.S.C. § 1915A(a). A claim is legally frivolous when it lacks an arguable basis either in law or in fact. Neitzke v. Williams, 490 U.S. 319, 325 (1989). The court may dismiss a…

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