Gibbs

(PC) Gallardo v. Gibbs

Good Law
United States District Court, Eastern District of CaliforniaFebruary 25, 20252:24-cv-02981California1,019 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ANGEL LUIS GALLARDO, Case No. 2:24-cv-2981-JDP (P) Plaintiff, v. ORDER K. GIBBS, et al., Defendants. 16 Plaintiff, a state inmate, brings this § 1983 action against K. Gibbs, Lt. Mctaggert, Grijalva, and Banuro for violations related to the opening of plaintiff’s legal mail. ECF No. 1. The complaint states viable First Amendment claim against Gibbs, Grijalva, and Banuro, but not Mctaggert. Accordingly, plaintiff must decide whether to proceed only with the viable claims, or to delay serving any defendant and to file an amended complaint. I will grant plaintiff’s application to proceed in forma pauperis, which makes the required showing. Screening and Pleading Requirements A complaint must contain a short and plain statement that plaintiff is entitled to relief, Fed. R. Civ. P. 8(a)(2), and provide “enough facts to state a claim to relief that is plausible on its face,” Bell Atl. Corp. v. Twombly,…

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