Konrad

(PC) Vinyard v. Konrad

Good Law
United States District Court, Eastern District of CaliforniaJanuary 29, 20252:24-cv-02244California1,085 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOSHUWA R. VINYARD, Case No. 2:24-cv-2244-JDP (P) Plaintiff, v. ORDER KONRAD, et al., Defendants. 16 Plaintiff Joshuwa Vinyard, a state inmate proceeding without counsel in this civil rights action brought under 42 U.S.C. § 1983, sues Captain Konrad. The complaint alleges a viable excessive force claim that can proceed past screening. However, plaintiff’s retaliation and due process claims are insufficient. Accordingly, plaintiff must decide whether to proceed only with the viable claim, or to delay serving defendant and to file an amended complaint. I will also grant plaintiff’s application to proceed in forma pauperis, which makes the required showing. Screening and Pleading Requirements A federal court must screen a prisoner’s complaint that seeks relief against a governmental entity, officer, or employee. See 28 U.S.C. § 1915A(a). The court must identify any cognizable claims and dismiss any…

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