Ochoa
(PC) Castillo v. Ochoa
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 LEANDRO LEONEL GONZALEZ No. 2:18-cv-0767-KJM-EFB P
CASTILLO,
12 Plaintiff, ORDER v.
E. OCHOA, et al.,
15 Defendants.
17 Plaintiff is a state prisoner proceeding without counsel in this action brought pursuant to 42 U.S.C. § 1983. The court, on screening, determined that plaintiff’s initial complaint failed to state a cognizable claim. ECF No. 8. Plaintiff has filed an amended complaint which the court is also obligated to screen. Screening I. Legal Standards Pursuant to § 1915(e)(2), the court must dismiss the case at any time if it determines the allegation of poverty is untrue, or if the action is frivolous or malicious, fails to state a claim on which relief may be granted, or seeks monetary relief against an immune defendant. Although pro se pleadings are liberally construed, see Haines v. Kerner, 404 U.S. 519, 520-21 (1972), a complaint, or portion thereof, should be dismissed for failure to…