Dylan
(PC) Foster v. Dylan
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MARTIN LEE FOSTER, No. 25-cv-00456 WBS SCR P Plaintiff, v. ORDER AND FINDINGS &
RECOMMENDATIONS
DYLAN, et al., Defendants. 16 Plaintiff, a former county prisoner proceeding pro se and in forma pauperis, seeks relief under 42 U.S.C. § 1983. Before the court are plaintiff’s second amended complaint for screening (ECF No. 16), motion for default judgment (ECF No. 14), and motion for temporary restraining order (ECF No. 17.) For the reasons described below, the undersigned orders plaintiff to file a third amended complaint within thirty days of this order and recommends that plaintiff’s motion for default judgment and motion for temporary restraining order be denied. STATUTORY SCREENING OF PRISONER COMPLAINTS I. Legal Standard 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. §…