Rosenfield

(PC) Koch v. Rosenfield

Good Law
United States District Court, Eastern District of CaliforniaAugust 22, 20192:19-cv-01474California577 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ROLAND THOMAS KOCH, No. 2:19-cv-1474 DB P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

KENNETH ROSENFIELD, Defendant. 16 Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff alleges defendant, an attorney assigned to represent him in civil commitment proceedings, violated plaintiff’s constitutional rights by failing to properly represent him. Because plaintiff’s claims are not cognizable in this § 1983 proceeding, this court will recommend it be dismissed. The court is required to screen complaints brought by prisoners seeking relief against a governmental entity or an officer or employee of a governmental entity. See 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…

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