Scalant

Scalant v. Santa Cruz County Sheriffs Department Administration

Good Law
United States District Court, Northern District of CaliforniaApril 15, 20253:24-cv-04516California1,821 words

Opinion

Trial Court Opinion

INTRODUCTION

Alberto Scalant, a detainee at Santa Cruz County Jail, proceeding pro se, filed a civil rights complaint pursuant to 42 U.S.C. § 1983. The amended complaint was dismissed with leave to amend, and Plaintiff filed a second amended complaint. The second amended complaint is now before the Court for review pursuant to 28 U.S.C. § 1915A(a). The second amended complaint is DISMISSED with leave to file a third amended complaint on or before May 15, 2025. No further amendments will be permitted. Failure to file a third amended complaint that cures the defects identified in this order by May 15, 2025, or a failure to comply with the instructions given in this order, will result in the dismissal of this suit under Rule 41(b) for failure to prosecute.

DISCUSSION

A. Standard of Review A federal court must conduct a preliminary screening in any case in which a prisoner seeks redress from a governmental entity or officer or employee of a governmental entity. See 28 U.S.C. § 1915A(a). In its review, a court must identify any cognizable claims and dismiss any claims that are frivolous, malicious, fail to state a claim upon which relief may be granted or seek monetary…

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