Martinez

Phillip Andrew Martinez v. Deputy Tillery, et al.

Good Law
United States District Court, Northern District of CaliforniaJanuary 9, 20265:25-cv-10173California1,362 words

Opinion

Trial Court Opinion

INTRODUCTION

13 Plaintiff, an inmate in the San Francisco County Jail (“SFCJ”), filed this pro se civil rights 14 complaint under 42 U.S.C. § 1983 against “San Bruno,” the City and County of San Francisco and 15 two SFCJ employees: Deputy Ng and Deputy Tillery. Plaintiff’s application to proceed in forma 16 pauperis is granted in a separate order. For the reasons explained below, upon preliminary 17 screening, the complaint is dismissed with leave to amend.

STANDARD OF REVIEW

19 Federal courts must engage in a preliminary screening of cases in which prisoners seek 20 redress from a governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 21 1915A(a). The Court must identify cognizable claims or dismiss the complaint, or any portion of 22 the complaint, if the complaint “is frivolous, malicious, or fails to state a claim upon which relief 23 may be granted,” or “seeks monetary relief from a defendant who is immune from such relief.” Id. 24 § 1915A(b). Pro se pleadings must be liberally construed. Balistreri v. Pacifica Police Dep’t, 25 901 F.2d 696, 699 (9th Cir. 1990). 26 Federal Rule of Civil Procedure 8(a)(2) requires only “a short and plain…

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