Abreu

Abreu v. Ramirez

Good Law

284 F. Supp. 2d 1250·2003 WL 22246943·2003 U.S. Dist. LEXIS 18938

United States District Court, Central District of CaliforniaSeptember 25, 2003CV-02-4093-GAF (JWJ)California4,232 words

Opinion

Johnson, J.

MEMORANDUM AND ORDER DISMISSING FIRST AMENDED COMPLAINT WITH LEAVE TO AMEND

The Court is in receipt of Plaintiffs First Amended Complaint (“FAC”) filed pursuant to 42 U.S.C. § 1983 . The Court has screened the FAC pursuant to 28 U.S.C. §§ 1915 and 1915A, the Prison Litigation Reform Act of 1995, Pub.L. No. 104-134, 110 Stat. 1321 (codified in sections of Titles 18, 28 and 42 of the United States Code), the Federal Rules of Civil Procedure, the Local Rules of the Central District of California and, because Plaintiff has been granted leave to file this action without prepayment of the full filing fee, pursuant to 28 U.S.C. § 1915 (e)(2). For the reasons discussed below, the FAC is dismissed with leave to amend.

In the FAC, Plaintiff alleges that prison officials retaliated against him, failed to protect him from harm, and denied him access to the courts in violation of his rights under the First and Eighth Amendments. (FAC 15-37.) These acts allegedly began in 1996 and occurred at various prisons throughout California. (See id.)

I. STANDARD OF REVIEW

Pursuant to 28 U.S.C. § 1915A(a) and (b), this Court is required to screen complaints in which a prisoner seeks redress from a…

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