Sanchez
Sanchez v. Doe
Opinion
Trial Court Opinion
BACKGROUND
12 Plaintiff Josue Israel Sanchez, a self-represented inmate, is proceeding with a civil 13 action under 42 U.S.C. § 1983. The Court dismissed Sanchez’s initial complaint for failure 14 to state a claim but granted him leave to amend. (ECF 4.) He has now filed an amended 15 complaint in which he again alleges his right to access of courts and due process were 16 violated when “legal paperwork” was “lost or destroyed.” (ECF 5, at 2.) As discussed 17 below, the Court dismisses the amended complaint for failure to state a claim.
SCREENING
19 A. Legal Standard 20 Because Sanchez is proceeding in forma pauperis, the Court must screen his 21 amended complaint and dismiss it to the extent that it is frivolous, malicious, fails to state 22 a claim, or seeks damages from defendants who are immune. See U.S.C. 23 §§ 1915(e)(2)(B), 1915A(b). “The standard for determining whether Plaintiff has failed to 24 state a claim upon which relief can be granted under § 1915(e)(2)(B)(ii) is the same as the 25 Federal Rule of Civil Procedure 12(b)(6) standard for failure to state a claim.” Watison v. 26 Carter, 668 F.3d 1108, 1112 (9th Cir. 2012). That is, a…