Elmallah

(PS) Sermeno v. Elmallah

Good Law
United States District Court, Eastern District of CaliforniaFebruary 28, 20252:23-cv-02808California1,151 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 LARRY ALTAMIRANO SERMENO, Case No. 2:23-cv-2808-DAD-JDP (PS) Plaintiff, v. ORDER SHARIF ELMALLAH., Defendant. 16 Plaintiff alleges that defendants Sharif Elmallah, the Clerk / Chief Administrative Officer at Butte County Superior Court, violated his constitutional rights by enforcing the court’s local rules. As articulated, the complaint does not state a viable claim. Therefore, I will dismiss the complaint with leave to amend. Plaintiff’s application to proceed in forma pauperis makes the required showing and will be granted. Screening and Pleading Requirements A federal court must screen the complaint of any claimant seeking permission to proceed in forma pauperis. See 28 U.S.C. § 1915(e). The court must identify any cognizable claims and dismiss any portion of the complaint that is frivolous or malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief from a…

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