Murillo
Eric X. Murillo v. Smally, et al.
Opinion
Trial Court Opinion
INTRODUCTION
Eric Murillo, a detainee at Martinez Detention Facility, proceeding pro se, filed a civil rights complaint pursuant to the Americans with Disabilities Act (ADA) and 42 U.S.C. § 1983. Plaintiff has been granted leave to proceed in forma pauperis. The complaint is now before the Court for review pursuant to 28 U.S.C. § 1915A(a). The complaint is DISMISSED with leave to file an amended complaint on or before December 22, 2025. Failure to file a proper amended complaint by December 22, 2025, or a failure to comply in every respect with the instructions given in this order, will result in the dismissal of this suit under Rule 41(b) for failure to prosecute.
DISCUSSION
A. Standard of Review A federal court must conduct a preliminary screening in any case in which a prisoner seeks redress from a governmental entity or officer or employee of a governmental entity. See 28 U.S.C. § 1915A(a). In its review, a court must identify any cognizable claims and dismiss any claims that are frivolous, malicious, fail to state a claim upon which relief may be granted or seek monetary relief from a defendant who is immune from such relief. See id. § 1915A(b)(1), (2). Pro se…