Scalant

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. He seeks a new public defender in his state criminal murder case and monetary damages. The original complaint was dismissed with leave to amend, and Plaintiff filed an amended complaint. The amended complaint is now before the Court for review pursuant to 28 U.S.C. § 1915A(a). This case will be dismissed because Plaintiff has failed to state a claim for relief. The federal court cannot interfere with ongoing state criminal proceedings and a public defender does not act under color of state law for Plaintiff to obtain money damages under 42 U.S.C. § 1983. If Plaintiff believes his public defender is not providing effective assistance of counsel, his remedy is to bring a motion in his state criminal case, not in the federal court. This federal civil rights action is DISMISSED.

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…