Tate

(PC) Franklin v. Tate

Good Law
United States District Court, Eastern District of CaliforniaJanuary 27, 20201:19-cv-01170California2,815 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

JEFFREY FRANKLIN, ) Case No. 1:19-cv-01170-AWI-SAB (PC) ) Plaintiff, ) ) FINDINGS AND RECOMMENDATIONS v. ) RECOMMENDING DISMISSAL OF CERTAIN

CLAIMS

) HAROLD TATE, et al., ) [ECF No. 16] Defendants. ) ) )

Plaintiff Jeffrey Franklin is appearing pro se in this civil rights action pursuant to 42 U.S.C. § 1983. Currently before the Court is Plaintiff’s third amended complaint, filed January 8, 2020. I. SCREENING REQUIREMENT 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 on which relief may be granted,” or that “seek[] monetary…

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