Gates
(PC) Fleming v. Gates
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL FLEMING, No. 1:24-cv-01439-SAB (PC) Plaintiff, ORDER DIRECTING CLERK OF COURT
TO RANDOMLY ASSIGN A DISTRICT
v. JUDGE TO THIS ACTION S. GATES, et al., FINDINGS AND RECOMMENDATIONS
RECOMMENDING DISMISSAL OF
ACTION FOR FAILURE TO STATE A Defendants. COGNIZABLE CLAIM FOR RELIEF 16 (ECF No. 9)
18 19 Plaintiff is proceeding pro se and in forma pauperis in this action filed pursuant to 42
U.S.C. § 1983.
21 Currently before the Court is Plaintiff’s first amended complaint, filed February 14, 2025. 22 I.
SCREENING REQUIREMENT
24 The Court is required to screen complaints brought by prisoners seeking relief against a 25 governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). The 26 Court must dismiss a complaint or portion thereof if the prisoner has raised claims that are legally 27 “frivolous or malicious,” that “fail[] to state a claim on which relief may be…