Gutierrez

Gutierrez v. Robertson

Good Law
United States District Court, Northern District of CaliforniaMarch 27, 20253:24-cv-05172California1,847 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 CARLOS GUTIERREZ, Case No. 24-cv-05172-VC

Plaintiff,

ORDER OF SERVICE

v.

J. ROBERTSON, et al., Defendants.

12 Carlos Gutierrez, a California state prisoner proceeding pro se, filed a civil rights complaint under 42 U.S.C. § 1983 regarding inter-gang violence and a gang-related assault against him at Pelican Bay State Prison (PBSP). Dkt. No. 1. The magistrate judge previously assigned to this case dismissed the complaint with leave to amend his additional allegations regarding false disciplinary charges. Dkt. No. 7. Gutierrez filed an amended complaint. Dkt. No. 9. The court now reviews the claims in the amended complaint. DISCUSSION I. Standard of Review A federal court must screen any case in which a prisoner seeks redress from a governmental entity, or officer or employee of a governmental entity, to dismiss any claims that: (1) are frivolous or malicious; (2) fail to state a claim upon which relief may be granted; or …

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