Leal
Leal v. Community Hospital of Fresno
Opinion
Trial Court Opinion
I. INTRODUCTION
17 A. Background Plaintiff, Jose Leal, is a prisoner in the custody of Kings County Jail. On September 11, 2019, Plaintiff, proceeding pro se, filed a civil rights action pursuant to 42 U.S.C. § 1983 (“Section 1983”). (Doc. 1 (“Compl.”).) in which he seeks to proceed on a claim based on the removal of his infant daughter from his custody. (Doc. 1 (“Compl.”).) Plaintiff also filed an application to proceed in forma pauperis, which was granted on September 16, 2019. (Docs. 2 & 3.) Plaintiff’s Complaint is now before the Court for screening. As discussed below, Plaintiff’s allegations are conclusory and fail to plead that the defendant acted under color of state law under Section 1983. Plaintiff is granted leave to file a first amended complaint and is provided the pleading requirements and legal standards under which his claims will be analyzed. /// B. Screening Requirement and Standard In cases where the plaintiff is proceeding in forma pauperis, the Court is required to screen each case, and shall dismiss the case at any time if the Court determines that the allegation of…