Gathrite
Gathrite v. Diaz
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 DEE’ANGELO LAMAR GATHRITE, Case No. 25-cv-02369-RMI
Plaintiff,
ORDER OF DISMISSAL WITH LEAVE
v. TO AMEND
R. DIAZ, et al., Defendants.
12 Plaintiff, a state prisoner proceeding pro se, filed a civil rights complaint under 42 U.S.C. § 1983. He has been granted leave to proceed in forma pauperis. DISCUSSION 1. Standard of Review Federal courts must engage in a preliminary screening of cases in which prisoners seek redress from a governmental entity, or from an officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). In its review, the court must identify any cognizable claims and dismiss any claims which are frivolous, malicious, fail to state a claim upon which relief may be granted, or seek monetary relief from a defendant who is immune from such relief. Id. at § 1915A(b)(1), (2). Pleadings submitted by pro se parties must be liberally construed. Balistreri v. Pacifica Police Dep’t,…