CDCR

(PC) Latham v. CDCR

Good Law
United States District Court, Eastern District of CaliforniaJanuary 31, 20252:23-cv-00047California3,791 words

Opinion

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOSHUA LATHAM, No. 2:23-CV-0047-DMC-P Plaintiff, v. ORDER CALIFORNIA DEPARTMENT OF

CORRECTIONS AND

REHABILITATION, et al., Defendants. 17 Plaintiff, a prisoner proceeding pro se, brought this action in state court. See Amador County Superior Court Case No. 22CV12889. On January 9, 2023, all nine named Defendants removed the case to this Court under 28 U.S.C. § 1441(c). See ECF No. 1, at 1-3. Plaintiff’s original complaint now proceeds as a civil rights action pursuant to 42 U.S.C. § 1983. Pending before the Court is Plaintiff’s removed complaint, ECF No. 1. The Court is required to screen complaints brought by prisoners seeking relief against a governmental entity or officer or employee of a governmental entity. See 28 U.S.C. § 1915A(a). This provision also applies if the plaintiff was incarcerated at the time the action was initiated even if the litigant was subsequently released from custody. …

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