Spearman
(PC) Bustamante v. Spearman
Opinion
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MIGUEL ADOLFO BUSTAMANTE, No. 2:18-CV-0057-DMC-P Plaintiff, v. ORDER M.E SPEARMAN, et al., Defendants. 16 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983. Pending before the court are Plaintiff’s first amended complaint (ECF No. 12). Plaintiff alleges Defendant’s violated his rights under the Americans with Disabilities Act (ADA) as well as his First Amendment rights under the United States Constitution. 21 I. SCREENING REQUIREMENT AND STANDARD The Court is required to screen complaints brought by prisoners seeking relief against a governmental entity or officer or employee of a governmental entity. See 28 U.S.C. § 1915A(a). The Court must dismiss a complaint or portion thereof if it: (1) is frivolous or malicious; (2) fails to state a claim upon which relief can be granted; or (3) seeks monetary relief from a defendant who is immune from…