Rueter
(PC) Uvalles v. Rueter
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RAUL UVALLES, No. 2:23-cv-0160 DJC AC P Plaintiff, v. ORDER KEVIN RUETER, et al., Defendants. 16 Plaintiff is a state inmate, proceeding without a lawyer, who filed this civil rights action pursuant to 42 U.S.C. § 1983, the Americans with Disabilities Act (ADA), the Rehabilitation Act, and state tort law. Plaintiff was given an opportunity to file an amended complaint after the original complaint was screened and found to not state any claims for relief. ECF No. 9. He has now filed a first amended complaint (ECF No. 16), which was accompanied by a motion to appoint counsel (ECF No. 17). I. Statutory Screening of Prisoner Complaints The court is required to screen complaints brought by prisoners seeking relief against “a governmental entity or officer or employee of a governmental entity.” 28 U.S.C. § 1915A(a). A claim “is [legally] frivolous where it lacks an arguable basis either in law or in fact.” …