(PC)Witkin

(PC)Witkin v. Snelling

Good Law
United States District Court, Eastern District of CaliforniaMay 23, 20252:21-cv-02181California3,559 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL AARON WITKIN, No. 2:21-cv-2181 DAD AC P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

C. SNELLING, et al., Defendants. 16 Plaintiff is a former state prisoner proceeding without counsel and in forma pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. Plaintiff’s second amended complaint (“SAC”) is before the court for screening. ECF No. 31. I. Statutory Screening of Prisoner Complaints As plaintiff was previously advised, the court is required to screen complaints brought by prisoners seeking relief against “a governmental entity or officer or employee of a governmental entity.” 28 U.S.C. § 1915A(a). The court must dismiss a complaint or portion thereof if the prisoner has raised claims that are “frivolous, malicious, or fail[] to state a claim upon which relief may be granted,” or that “seek[] monetary relief from a defendant who is immune from such relief.” 28 U.S.C. §…

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