Martinez
Tommy Ray Shivers v. Martinez
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 TOMMY RAY SHIVERS, No. 2:25-cv-2853 CSK P Plaintiff, v. ORDER MARTINEZ, Defendant. 16 I. INTRODUCTION Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant to 42 U.S.C. § 1983. On October 31, 2025, this Court dismissed plaintiff’s complaint with leave to amend. (ECF No. 6.) Pending before the Court is plaintiff’s amended complaint. (ECF No. 13.) As discussed below, plaintiff’s amended complaint is dismissed with leave to amend. II. SCREENING STANDARDS 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 legally “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek monetary relief from a defendant…