Maloney

Gerardo Azpera v. Maloney, et al.

Good Law
United States District Court, Eastern District of CaliforniaDecember 5, 20252:25-cv-02542California1,568 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GERARDO AZPERA, Case No. 2:25-cv-2542-JDP (P) Plaintiff, v. ORDER MALONEY, et al., Defendants. 16 Plaintiff, a state prisoner, brings this section 1983 action against correctional officers Maloney and Perez at the Mule Creek State Prison. I find that plaintiff’s claim for denial of medical care against Maloney is adequate to proceed past screening. His retaliation claim, however, is deficient and should be dismissed without prejudice. Plaintiff will notify the court of his intent to either proceed with the cognizable claim or file an amended complaint. Plaintiff’s application to proceed in forma pauperis, ECF No. 2, makes the required showing and is granted. Screening and Pleading Requirements A federal court must screen a prisoner’s complaint that seeks relief against a governmental entity, officer, or employee. See 28 U.S.C. § 1915A(a). The court must identify any cognizable claims and…

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