Andrews
(PC) Leney v. Andrews
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JASON RODNEY LENEY, No. 2:24-cv-02865 SCR P Plaintiff, v. ORDER AND FINDINGS AND
RECOMMENDATIONS
DONALD ANDREWS, et al., Defendants. 16 Plaintiff is a county prisoner proceeding pro se with a civil rights action under 42 U.S.C. § 1983. Before the court are plaintiff’s complaint for screening (ECF No. 1), application to proceed in forma pauperis (ECF No. 8), and combined motion to consolidate cases, motion to amend, and motion to appoint counsel (ECF No. 10). For the reasons set forth below, plaintiff’s complaint is barred by Heck v. Humphrey, 512 U.S. 477 (1994). It also fails to state a claim against certain defendants who are immune from suit. The undersigned accordingly recommends (1) that the complaint be dismissed without prejudice for failure to state a claim upon which relief can be granted as to certain defendants, but that (2) other defendants who are immune be dismissed with prejudice. See 28 U.S.C. § 26 …