Cervantes
(PC) Baker v. Cervantes
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 JAMES RAY BAKER, No. 2:23-cv-02610-EFB (PC) Plaintiff, v. ORDER CERVANTES, Defendant. 15 Plaintiff is a state prisoner proceeding without counsel in an action brought pursuant to 42 U.S.C. § 1983. This proceeding was referred to this court by Local Rule 302 pursuant to 28 U.S.C. § 636(b)(1). The court dismissed plaintiff’s original complaint with leave to amend. ECF No. 11. Plaintiff has filed an amended complaint. ECF No. 14. I. Screening Requirement and Standards Federal courts must engage in a preliminary screening of cases in which prisoners seek redress from a governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). The court must identify cognizable claims or dismiss the complaint, or any portion of the complaint, if the complaint “is frivolous, malicious, or fails to state a claim upon which relief may be granted,” or “seeks monetary relief from a defendant who is…