(PC) Dearwester v. United States

Good Law
United States District Court, Eastern District of CaliforniaNovember 5, 20192:19-cv-00124California724 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 FRANK LEE DEARWESTER, No. 2:19-cv-0124 CKD P Plaintiff, v. ORDER UNITED STATES, et al., Defendants. 16 Plaintiff is a state prisoner proceeding pro se. On March 18, 2019, the court screened plaintiff’s amended complaint as the court is required to do under 28 U.S.C. § 1915A(a). Plaintiff’s complaint was dismissed with leave to file an amended complaint. Plaintiff has now filed an amended complaint. Again, the court is required to screen complaints brought by prisoners seeking relief against a governmental entity or officer or employee of a governmental entity. 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 monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915A(b)(1),(2). In his complaint, plaintiff…

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