Gonzalez

Gonzalez v. Tumacder

Good Law
United States District Court, Northern District of CaliforniaJanuary 28, 20253:24-cv-06675California1,850 words

Opinion

trial_court Opinion

INTRODUCTION

Plaintiff Eric L. Gonzalez alleges that a unit captain denied him his right to exercise his religion and unjustly denied his request to lower his custody status. His 42 U.S.C. § 1983 complaint containing these allegations is now before the Court for review pursuant to 28 U.S.C. § 1915A(a). Gonzalez has stated claims under the Free Exercise Clause, the Due Process Clause, and the Religious Land Use and Institutionalized Persons Act against Defendant Sean Tumacder, a Unit Captain at CTF-Soledad. All other claims and Defendants are DISMISSED with prejudice. The Court directs Defendant Tumacder to file in response to the complaint a dispositive motion, or a notice regarding such motion, on or before June 2, 2025.

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…

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