Lusk

(PC) Johnson v. Lusk

Good Law
United States District Court, Eastern District of CaliforniaOctober 3, 20192:18-cv-02984California2,706 words

Opinion

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ALFRED NORMAN JOHNSON III, No. 2:18-CV-2984-DMC Plaintiff, v. ORDER LUSK, 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 is Plaintiff’s first amended complaint (ECF No. 11). Plaintiff alleges Defendants violated his Eighth Amendment right against cruel and unusual punishment by creating an unsafe environment through verbal insults, threats, and breaches of procedure. Plaintiff further alleges Defendants violated his First Amendment rights by retaliating against him. 23 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…

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