Unknown

(PC) Cavazos v. Unknown

Good Law
United States District Court, Eastern District of CaliforniaApril 28, 20252:24-cv-01137California1,278 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ROBERT CAVAZOS, Case No. 2:24-cv-1137-JDP (P) Plaintiff, v. ORDER; FINDINGS AND

RECOMMENDATIONS

UNKNOWN, Defendant. 16 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief under 42 U.S.C. § 1983. In his first amended complaint, he alleges two discrete incidents: one that occurred in 2001 at Corcoran State Prison and one that occurred in 2008 at High Desert State Prison. Plaintiff’s claims are barred by the applicable statute of limitations, and so I recommend that plaintiff’s first amended complaint be dismissed without leave to amend. Screening and Pleading Requirements A federal court must screen a prisoner’s complaint that seeks relief against a governmental entity, officer, or employee. See 28 U.S.C. § 1915A(a). The court must identify any cognizable claims and dismiss any portion of the complaint that is frivolous or malicious, fails to state a 26…

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