(PC) Jetton v. John Doe

Good Law
United States District Court, Eastern District of CaliforniaNovember 22, 20191:18-cv-01091California2,338 words

Opinion

Trial Court Opinion

I. BACKGROUND

19 Anthony Jetton “Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis 20 with this civil rights action pursuant to 42 U.S.C. § 1983. On August 14, 2018, Plaintiff filed the 21 Complaint commencing this action. (ECF No. 1.) On May 31, 2019, the court screened the 22 Complaint and dismissed it for failure to state a claim, with leave to amend. (ECF No. 1.) On 23 June 14, 2019, Plaintiff filed the First Amended Complaint, which is now before the court for 24 screening. 28 U.S.C. § 1915. (ECF No. 13.)

II. SCREENING REQUIREMENT

26 The court is required to screen complaints brought by prisoners seeking relief against a 27 governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). The 28 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). “Notwithstanding any filing fee, or any portion thereof, that may have been paid, the court shall dismiss the…

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